The Independent National Electoral Commission (INEC) has asked a Federal High Court in Abuja to set aside a subpoena compelling its chairman, Professor Joash Ojo Amupitan, SAN, to produce President Bola Tinubu’s electoral records from the 1999 Lagos governorship election and the 2023 presidential election.
The commission is seeking to prevent the release of the documents requested in the subpoena issued in the criminal trial of activist and former presidential candidate, Omoyele Sowore.
In a Motion on Notice dated November 10, 2026, and obtained on Tuesday, INEC, through its counsel, Dr Alex A. Izinyon, SAN, asked the court to declare the subpoena void, unenforceable and legally defective.
The subpoena was issued on October 26 in the case marked FHC/CR/484/2025, Federal Republic of Nigeria v. Omoyele Sowore, before Justice Mohammed Garba Umar.
Sowore is being prosecuted over statements in which he allegedly described Tinubu as a criminal.
The electoral documents sought include Tinubu’s Form CF001 containing his 1999 affidavit relating to lost certificates, as well as his 2023 presidential election Form CF001 or any equivalent document held by INEC.
According to the court documents, the subpoena was served on INEC’s Litigation/Prosecution Department at the commission’s headquarters in Abuja on November 6, 2026, at about 12:30pm.
However, INEC’s chairman, through his lawyer, is challenging the order, arguing that it was not personally served on him as required by law.
The commission also contends that the documents were wrongly described or do not exist in the precise form requested.
INEC further argues that the records are irrelevant to the criminal proceedings against Sowore and that the subpoena was issued in bad faith.
The application seeks an order setting aside the subpoena and preventing its enforcement, effectively blocking the production of the requested electoral records in the trial.
The court is expected to determine INEC’s application as the legal dispute over the subpoena continues.
