The Independent National Electoral Commission (INEC) has approached the Federal High Court in Abuja to challenge an order directing its chairman, Professor Joash Ojo Amupitan, to produce President Bola Tinubu’s electoral documents from the 1999 Lagos State governorship election and the 2023 presidential election.
The commission, through its chairman and legal team, filed a Motion on Notice dated November 10, 2026, seeking to set aside the subpoena issued by Justice Mohammed Garba Umar on October 26.
The development is part of the ongoing criminal trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, in charge number FHC/CR/484/2025.
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Sowore is being prosecuted by the Department of State Services (DSS) over social media publications in which he allegedly described President Tinubu as a criminal.
Why INEC Is Challenging the Subpoena
The subpoena, titled Subpoena Duces Tecum, directed Amupitan to appear in court and produce two sets of electoral documents submitted by Tinubu.
They include Form CF001, alongside an affidavit concerning lost certificates, submitted during Tinubu’s 1999 Lagos State governorship candidacy, as well as his Form CF001 submitted for the 2023 presidential election.
However, INEC is disputing the validity of the order and has asked the court to nullify it.
In its application, the commission argued that the subpoena was not personally served on Amupitan, as required by law.
INEC also questioned the description and existence of the requested documents, maintaining that there is no form known as INEC CF01 for the 1999 Lagos governorship election and the 2023 presidential election in the manner stated in the subpoena.
The commission further argued that the documents described in the order were unknown to it and were not in its custody.
It also challenged the relevance of the subpoena to the criminal proceedings, alleging that it was issued in bad faith.
INEC is consequently asking the court to set aside the subpoena dated October 26, which was reportedly served on its headquarters in Abuja on November 6.
Court Had Earlier Ordered Amupitan to Appear
The challenge follows an earlier decision by Justice Umar to grant the defence’s request to summon Amupitan and APC chieftain Joe Igbokwe as proposed defence witnesses.
The court directed the INEC chairman to appear on Wednesday, November 11, to produce the specified electoral records and testify on behalf of Sowore.
In a related development, Justice Umar recently set aside a separate subpoena issued against Akinlolu Kehinde, a lawyer representing the DSS in the case.
The judge held that legal practitioners generally cannot be compelled to disclose confidential communications relating to their professional representation of clients, except under limited circumstances.
Following that ruling, Sowore’s defence counsel, Ruben Adakole, informed the court of plans to call Igbokwe and Amupitan as witnesses.
INEC’s latest application now puts the subpoena against the electoral commission’s chairman before the court for a fresh legal challenge.
As of November 10, there is no indication in the reported court documents that Justice Umar has granted INEC’s request to set aside the subpoena. The commission’s application
remains a challenge to the existing order, with the case scheduled for further proceedings on November 11.
