The Federal High Court in Abuja has issued a subpoena directing the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Ojo Amupitan, to appear in court and produce electoral documents relating to President Bola Tinubu's governorship candidacy in 1999 and his presidential candidacy in 2023. This is in connection with the ongoing criminal trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore.
The subpoena, issued in Charge No. FHC/CR/484/2025, commands Amupitan to appear before the Federal High Court, Abuja Judicial Division, in Courtroom 5, on October 26, 2026, at 9am, and remain in attendance until the matter is determined. The court document, titled "Subpoena Duces Tecum," directs Amupitan to produce two sets of documents: INEC Form CF01 submitted by Tinubu as a candidate in the 1999 Lagos State governorship election, including the affidavit concerning lost certificates, and his Form CF01 submitted for the 2023 presidential election.
The case was instituted by the Federal Republic of Nigeria against Sowore over his comments about Tinubu, with the activist facing criminal proceedings arising from the remarks. Sowore disclosed the development in a Facebook post, sharing copies of the subpoena and a hearing notice served on the INEC chairman. The documents identify the presiding judge as Justice Mohammed Garba Umar.
By seeking the documents, Sowore is asking the court to compel the electoral commission's chairman to produce records relating to Tinubu's submissions to INEC for the two elections. The documents sought include the 1999 governorship Form CF01 and the affidavit concerning lost certificates, as well as the 2023 presidential election Form CF01.
The subpoena was dated October 26, 2026, while a separate court filing seeking its issuance was dated October 23, 2026. The Federal High Court's directive is an important development in the ongoing trial of Sowore, who was charged with making criminal allegations against Tinubu.
The trial of Sowore has garnered significant attention due to its implications for free speech and public discourse in Nigeria. The subpoena issued to Amupitan is a critical step in the proceedings, as it seeks to establish the veracity of Sowore's claims about Tinubu's eligibility to contest elections.
The court's decision to issue the subpoena underscores the importance of producing the requested documents to ensure a fair trial. The INEC chairman's compliance with the subpoena will be crucial in determining the outcome of the case, which has significant implications for Nigeria's democratic processes and the rights of citizens to express their opinions about public figures.
Key points
- The Federal High Court has subpoenaed INEC Chairman to produce documents relating to President Tinubu's 1999 and 2023 elections.
