The Chairman of the Independent National Electoral Commission, INEC, Prof. Joash Ojo Amupitan, SAN, has asked the Federal High Court in Abuja to set aside a subpoena compelling the Commission to produce President Bola Tinubu’s election records from his 1999 Lagos State governorship and 2023 presidential contests.
The subpoena was obtained by the defence team of human rights activist and African Action Congress, AAC, presidential candidate, Omoyele Sowore, who is facing prosecution in charge No. FHC/CR/484/2025 over statements in which he described President Tinubu as a criminal.
Amupitan, through his counsel, Dr Alex Izinyon, SAN, filed a Motion on Notice dated November 10, 2026, seeking an order setting aside the Subpoena Duces Tecum issued by Justice Mohammed Garba Umar on October 26, 2026. 
The subpoena, which was served on INEC’s headquarters in Abuja on November 6, directed the Commission’s Chairman to appear as a defence witness and produce Tinubu’s INEC Form CF001, including an affidavit relating to lost certificates submitted during his 1999 Lagos governorship candidacy, and the equivalent Form CF001 submitted for the 2023 presidential election.
In the motion, INEC raised four grounds:
According to the Commission, the subpoena was “void ab initio, ungrantable, inconsistent and contradictory”, was not personally served on Prof. Amupitan as required by law, and was served instead on the Litigation and Prosecution Department at 12:30pm on November 6.
INEC also argued 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 as such form as described are unknown and are not in the custody of the Applicant.”
The Commission described the application by Sowore’s lead counsel, Adeyinka Olumide-Fusika, SAN, as mala fide, bad faith, irrelevant, speculative and designed to embarrass the electoral body.
Sowore is being prosecuted by the Federal Republic of Nigeria over his social media posts. He has pleaded not guilty.
The trial was stalled on Wednesday, November 11, after Justice Umar was absent. Both Prof. Amupitan and former Lagos APC Publicity Secretary Joe Igbokwe, who were subpoenaed as defence witnesses, were absent. The case has been adjourned to November 17, 2026.
The court is yet to rule on INEC’s application.
