INEC Seeks to Set Aside Court Subpoena for Tinubu's Election Records

The Independent National Electoral Commission (INEC) has approached the Federal High Court in Abuja to set aside a subpoena compelling the electoral body to produce documents relating to President Bola Ahmed Tinubu's governorship election in 1999 and presidential election in 2023. INEC Chairman, Professor Joash Ojo Amupitan, filed a Motion on Notice on November 10, 2026, asking the court to nullify the subpoena issued on October 26, 2026. The subpoena was issued in the ongoing criminal trial of human rights activist Omoyele Sowore.

The subpoena specifically directed INEC Chairman to produce the electoral commission's Form CF001, including the affidavit relating to lost certificates submitted by Tinubu during his 1999 Lagos State governorship candidacy. It also demanded Tinubu's INEC Form CF001, or its equivalent, relating to his 2023 presidential candidacy. The subpoena was served on INEC's Litigation and Prosecution Department at its Abuja headquarters on November 6, 2026. INEC's lawyers argue that the subpoena was not personally served on Professor Amupitan, as required by law.

INEC's application to set aside the subpoena argues that the documents being demanded are either incorrectly described or do not exist in the form specified. The application also contends that the subpoena is irrelevant to the criminal proceedings against Sowore and was issued in bad faith. INEC's lawyers maintained that the electoral commission is governed by statutory regulations concerning the custody and release of election documents.

The subpoena was issued following an application by Sowore's lead defence counsel, Adeyinka Olumide-Fusika. The documents sought relate to Tinubu's declarations and electoral submissions during two significant periods of his political career: his emergence as Lagos State governor in 1999 and his election as Nigeria's president in 2023. Sowore is being prosecuted over statements in which he described President Tinubu as a criminal.

INEC's legal team questioned the relevance of the requested documents to the criminal prosecution. They argued that the subpoena was intended to embarrass the electoral commission and that the documents sought had no direct bearing on the allegations being tried. The application raises fresh questions about whether the electoral commission will be required to produce the historical election documents sought by Sowore's defence.

The court will have to consider the arguments presented by INEC and any response from Sowore's defence before ruling on the application. As of the filing of the application, there is no indication that the Federal High Court has granted INEC's request to set aside the subpoena. The application itself does not establish whether the underlying electoral records are unavailable.

The development introduces a fresh legal dispute into the criminal trial, with the court now expected to determine whether the subpoena should remain enforceable or be set aside. The case will likely have implications for the electoral commission's obligations to produce historical election documents and the limits of its liability in such cases.

Key points

• INEC challenges subpoena for Tinubu's 1999, 2023 election documents in Sowore's trial.