The Independent National Electoral Commission (INEC) has filed a motion to set aside a subpoena issued by the Federal High Court in Abuja, requiring its chairman, Professor Joash Ojo Amupitan, to produce documents relating to President Bola Tinubu's 1999 Lagos State governorship election and 2023 presidential election. The subpoena was issued in the ongoing criminal trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore. INEC's move is a challenge to the court order that requires the production of Tinubu's electoral documents.
According to court documents obtained by SaharaReporters, Amupitan, through his lawyers, filed a Motion on Notice dated November 10, 2026, asking the court to nullify the subpoena issued on October 26, 2026. The subpoena, titled 'Subpoena Duces Tecum', directs Amupitan to produce two sets of documents submitted by Tinubu to INEC. These include the INEC Form CF01 submitted by Tinubu as a candidate in the 1999 Lagos State governorship election, alongside the affidavit concerning lost certificates, and the Form CF01 he submitted for the 2023 presidential election.
The subpoena was issued by Justice Mohammed Garba Umar of the Federal High Court, Abuja, in Charge No. FHC/CR/484/2025, involving the Federal Republic of Nigeria and Sowore. The court order also directs Amupitan to testify on behalf of Sowore and remain in attendance until the matter is determined. Sowore had disclosed the development in a Facebook post, sharing copies of the subpoena and hearing notice served on the INEC chairman.
The criminal case was instituted by the Federal Republic of Nigeria against Sowore over his remarks about Tinubu. Sowore had described Tinubu as a criminal, which led to the institution of the case. The case has been ongoing, and the subpoena was issued to compel INEC to produce the required documents.
INEC's decision to seek to have the subpoena set aside is a significant development in the case. By challenging the court order, INEC is questioning the legality of the subpoena and the court's jurisdiction to compel the production of Tinubu's electoral documents. This move is likely to further delay the trial and may have implications for the case's outcome.
The case has sparked controversy, with many Nigerians following the developments closely. Sowore's supporters have argued that the case is a persecution of the activist, while others have argued that Sowore's remarks about Tinubu were unwarranted. The case's outcome may have significant implications for free speech and the rule of law in Nigeria.
The court is yet to rule on INEC's motion to set aside the subpoena. The development has raised questions about the role of INEC in the case and the court's jurisdiction to compel the production of Tinubu's electoral documents. The case is likely to continue to generate controversy and debate in the coming weeks.
Key points
- INEC challenges court order to produce President Tinubu's electoral documents in Sowore's trial.
