SOWORE TRIAL: INEC CHAIRMAN SEEKS TO QUASH SUBPOENA ON TINUBU’S 1999, 2023 ELECTION RECORDS
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By ‘Balogun Ibrahim
The Chairman of the Independent National Electoral Commission, Prof. Joash Amupitan (SAN), has approached the Federal High Court in Abuja, seeking to nullify a subpoena directing the commission to produce President Bola Tinubu’s electoral records from his 1999 Lagos State governorship and 2023 presidential elections.
The subpoena was obtained by the defence team of human rights activist, Omoyele Sowore, who is standing trial over comments in which he described Tinubu as a criminal.
Amupitan, through his lawyer, Dr Alex Izinyon (SAN), filed a motion on notice dated November 10, 2026, asking the court to set aside the subpoena issued by Justice Mohammed Garba Umar on October 26.
The subpoena, which was served at INEC’s headquarters in Abuja on November 6, directed the commission’s chairman to produce Tinubu’s Form CF001, including an affidavit concerning lost certificates submitted during his 1999 Lagos governorship candidacy.
It also requested the corresponding document submitted by the President for the 2023 presidential election.
However, in his application, Amupitan described the subpoena as defective, contradictory and legally unenforceable.
He argued that the document was not personally served on him as required by law and that the records specified in the subpoena were not in the commission’s custody in the form described.
The INEC chairman further maintained that no form known as CF01 existed for the 1999 Lagos State governorship election or the 2023 presidential election as stated in the subpoena.
In the motion, he argued that the subpoena was not personally served on him in his capacity as INEC chairman and that the documents being requested were unknown to the commission in the form specified.
The application, filed pursuant to Section 6(6) of the 1999 Constitution, also accused Sowore’s defence team of seeking the documents in bad faith and for purposes unrelated to the criminal proceedings.
One of the grounds cited in the application described the subpoena as “void ab initio, ungrantable, inconsistent and contradictory”.
In an affidavit supporting the application, a litigation secretary at Izinyon’s law firm, Mendie Akan, stated that the subpoena was delivered to INEC’s Litigation and Prosecution Department at its Abuja headquarters on November 6 at about 12:30 pm.
Akan, who said she had the authorisation of Amupitan and her employers to depose to the affidavit, maintained that the INEC chairman was not personally served with the court order.
She also stated that Amupitan was not a party to the criminal case and was not the author of the documents being sought.
The affidavit further alleged that the subpoena was obtained in bad faith with the intention of embarrassing the electoral commission.
The subpoena followed an application by Sowore’s lead defence counsel, Adeyinka Olumide-Fusika (SAN), seeking an order compelling INEC to produce the historical election documents.
The records are expected to provide evidence concerning Tinubu’s electoral submissions during his 1999 governorship bid in Lagos State and his 2023 presidential campaign.
The criminal case, marked FHC/CR/484/2025, is between the Federal Republic of Nigeria and Sowore.
Amupitan’s latest application introduces another legal dispute into the trial, with the court expected to determine whether INEC should produce the requested electoral records or whether the subpoena should be quashed.
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