The cyberbullying trial of human rights activist and presidential candidate of the African Action Congress (AAC), Omoyele Sowore, was stalled on Wednesday, November 11, 2026, due to the absence of the presiding judge, Justice Mohammed Garba Umar, at the Federal High Court in Abuja. The court registrar informed Sowore's lawyers that the judge was indisposed and the court would not sit. As a result, the case could not proceed.
The Chairman of the Independent National Electoral Commission (INEC), Professor Joash Ojo Amupitan (SAN), and former Lagos State Publicity Secretary of the All Progressives Congress (APC), Joe Igbokwe, who had been subpoenaed to testify in the case, were also absent. No reason was immediately given for their absence. Amupitan had filed a motion seeking to set aside the subpoena directing him to produce President Bola Tinubu's electoral documents relating to the 1999 Lagos State governorship election and the 2023 presidential election.
Amupitan's motion, dated November 10, 2026, argued that the electoral forms requested by Sowore were unknown to him in the form described and were not in his custody. He also accused Sowore of seeking the documents in bad faith and to embarrass the electoral commission. The INEC chairman described the subpoena as "mala fide, bad faith, irrelevant, fishy and speculative." An affidavit filed in support of the application alleged that Sowore's request was brought "malafidel and in bad faith to embarrass the establishment."
The documents being sought by Sowore include Tinubu's INEC Form CF001, alongside the affidavit concerning lost certificates submitted by the president as a candidate in the 1999 Lagos State governorship election. Sowore is also seeking the Form CF001 Tinubu submitted to INEC for the 2023 presidential election. The subpoena was issued in Charge No. FHC/CR/484/2025, in which the Federal Republic of Nigeria is prosecuting Sowore over his description of Tinubu as a criminal.
At the previous sitting, Sowore had informed the court that his legal team had lined up several witnesses to testify in his defence. The activist had also secured subpoenas compelling Amupitan and Igbokwe to appear before the court and give evidence in the ongoing proceedings. However, the court's inability to sit on Wednesday meant that neither the witnesses nor the pending application by the INEC chairman could be addressed.
The application seeking to set aside the subpoena remains pending before the Federal High Court. The court has adjourned the case until Tuesday, November 17, 2026, for continuation of the trial. The trial's stalling has raised concerns about the delays in the judicial process and the potential impact on Sowore's case.
The case has significant implications for the country's electoral process and the role of INEC in managing electoral documents. The outcome of the trial will be closely watched by stakeholders, including human rights groups and political analysts. Key points to watch include the court's decision on Amupitan's motion and the testimony of witnesses in the case.
Key points
- The trial has been adjourned until November 17, 2026.
- Amupitan has challenged the subpoena issued to him.
- Sowore's lawyers are seeking electoral documents from INEC.
