The Independent National Electoral Commission (INEC) has filed a motion with the Federal High Court in Abuja, seeking to nullify a subpoena that requires the production of documents related to President Bola Ahmed Tinubu's 1999 Lagos State governorship election and 2023 presidential election. The subpoena, issued on October 26, 2026, is part of the ongoing criminal trial of human rights activist Omoyele Sowore, who is being prosecuted for describing President Tinubu as a criminal. INEC Chairman Professor Joash Ojo Amupitan, SAN, has approached the court through his lawyers to challenge the validity of the subpoena.
The subpoena, issued by Justice Mohammed Garba Umar, specifically demands INEC Form CF001, including the affidavit relating to lost certificates submitted by Tinubu during his 1999 Lagos State governorship candidacy, as well as Tinubu's INEC Form CF001 for his 2023 presidential candidacy. The documents were requested to be produced by the INEC chairman, but rather than comply, Amupitan has challenged the subpoena, arguing that it was not personally served on him as required by law. The INEC chairman's lawyers also contend that the documents being demanded are either incorrectly described or do not exist in the form specified.
INEC's lawyers, led by Dr Alex A. Izinyon, SAN, argue that the subpoena is void, unenforceable, and contradictory. They claim that the subpoena was served on INEC's Litigation and Prosecution Department at the commission's Abuja headquarters on November 6, 2026, but not on the chairman personally. The application filed by INEC also argues that the subpoena is irrelevant to the criminal proceedings against Sowore and was issued in bad faith.
The ongoing trial of Omoyele Sowore relates to statements he made describing President Tinubu as a criminal. Sowore, the African Action Congress (AAC) presidential candidate, is being prosecuted under Charge No. FHC/CR/484/2025, involving the Federal Republic of Nigeria and Sowore. The case has garnered attention due to the subpoena issued for President Tinubu's election documents.
The INEC chairman's decision to challenge the subpoena may have significant implications for the trial. If the court grants INEC's application, the subpoena could be set aside, and the commission would not be required to produce the requested documents. However, if the court upholds the subpoena, INEC would be compelled to provide the documents, which could potentially impact the trial's outcome.
The case is scheduled to continue in the coming weeks, with the court expected to rule on INEC's application. The development has sparked interest among stakeholders, who are watching closely to see how the court will rule on the matter. The trial's outcome could have far-reaching consequences for the country's electoral process and the prosecution of individuals who make statements critical of public officials.
The challenge by INEC highlights the complexities and nuances of Nigeria's electoral laws and the role of the commission in managing the country's electoral processes. The case also underscores the tension between the right to free speech and the need to protect public officials from unwarranted criticism. As the trial continues, stakeholders will be watching closely to see how the court navigates these complex issues.
Key points
- INEC challenges subpoena for President Tinubu's 1999 and 2023 election documents
- Subpoena issued as part of Omoyele Sowore's trial for describing President Tinubu as a criminal
- Court to rule on INEC's application to set aside subpoena
