The Independent National Electoral Commission (INEC) has approached the Federal High Court in Abuja to overturn an order compelling its chairman, Professor Joash Ojo Amupitan, to produce electoral documents relating to President Bola Tinubu's 1999 Lagos State governorship election and 2023 presidential election. INEC filed a Motion on Notice on November 10, 2026, asking the court to set aside the subpoena issued on October 26. The subpoena was issued in the ongoing criminal trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore.
The case, marked FHC/CR/484/2025, was instituted by the Federal Republic of Nigeria against Sowore over his description of Tinubu as a criminal. The subpoena directed Amupitan to appear in court and produce two sets of electoral documents submitted by Tinubu to the commission. The documents include the INEC Form CF01 submitted by Tinubu during the 1999 Lagos State governorship election, alongside an affidavit concerning lost certificates, and the Form CF01 submitted for the 2023 presidential election.
INEC is challenging the order, arguing that the subpoena was invalid, improperly served, and sought documents that were not in its custody. The commission listed four grounds for seeking the order to be set aside, including that the subpoena was "void ab initio, ungrantable, inconsistent and contradictory". INEC also contended that the subpoena was not personally served on Amupitan, as required by law.
On the electoral documents sought by the defence, INEC maintained that "there is no form known as INEC CF01 for the Lagos State Governorship Election 1999 and INEC Form CF01 for the 2023 Presidential Election". The commission further argued that the documents described in the subpoena "are unknown and are not in the custody of the Applicant". INEC also alleged that the subpoena was brought "mala fide, bad faith, irrelevant, fishy and speculative".
INEC consequently asked the court to make an order "setting aside the subpoena Duces Tecum dated the 26th day of October served on INEC Headquarters, Abuja on the 6th day of November, 2026". The development comes days after Justice Mohammed Garba Umar set aside another subpoena issued at Sowore's instance against Akinlolu Kehinde, a lawyer representing the Department of State Services (DSS), in the same trial.
Delivering his ruling on Monday, Justice Umar held that lawyers owe their clients a strict duty of confidentiality and generally cannot be compelled to disclose communications relating to legal representation. Justice Umar further held that a lawyer could only be compelled to testify under limited circumstances, including where the evidence concerns an uncontested matter or an issue that would not adversely affect the client.
Following the ruling, Sowore's defence counsel, Ruben Adakole, informed the court of plans to subpoena APC chieftain Joe Igbokwe and INEC chairman Amupitan as defence witnesses. The court subsequently ordered the issuance of the subpoenas and adjourned the trial until November 11 for the appearance of the proposed witnesses.
Key points
- INEC challenges subpoena for President Bola Tinubu's 1999 and 2023 election records
- Subpoena was issued in Omoyele Sowore's trial for describing Tinubu as a criminal
- INEC argues subpoena was invalid, improperly served, and sought documents not in its custody
