INEC Chairman Joash Amupitan seeks to quash Sowore’s subpoena for Tinubu’s 1999 and 2023 election records in an Abuja court

The Chairman of the Independent National Electoral Commission, Professor Joash 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.

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The application arose from the criminal case against human rights activist Omoyele Sowore, who is being prosecuted over statements in which he described Tinubu as a criminal. Sowore’s defence team obtained the subpoena to secure documents relating to the President’s electoral submissions.

Amupitan, through his lawyer, Dr Alex Izinyon (SAN), filed a motion on notice dated November 10, 2026, challenging the subpoena issued by Justice Mohammed Garba Umar on October 26.

The order, 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 governorship candidacy in Lagos State.

It also requested the corresponding document submitted by Tinubu for the 2023 presidential election.

However, Amupitan argued that the subpoena was defective, contradictory and unenforceable. He maintained that it was not personally served on him as required by law and that the documents were not held by the commission in the form specified.

The INEC chairman further contended that no form known as CF01 existed for the 1999 Lagos governorship election or the 2023 presidential election in the manner described in the subpoena.

“The subpoena Duces Tecum was not personally served on the Applicant Professor, Joash Ojo Amupitan SAN, Chairman INEC, as required by law,” the motion stated.

It also argued that the forms described in the order were unknown to the commission and were not in the chairman’s custody.

The application, brought pursuant to Section 6(6) of the 1999 Constitution, accused the defence of seeking the documents in bad faith and for purposes unrelated to the criminal proceedings.

One of the grounds listed in the motion described the subpoena as “void ab initio, ungrantable, inconsistent and contradictory”.

In an affidavit supporting the application, Mendie Akan, a litigation secretary at Izinyon’s law firm, said the subpoena was delivered to INEC’s Litigation and Prosecution Department at its Abuja headquarters at about 12.30pm on November 6.

Akan stated that she had the authority of Amupitan and her employers to depose to the affidavit.

She maintained that the INEC chairman was not personally served and was not a party to the criminal proceedings or the maker of the documents being requested.

The affidavit also alleged that the subpoena was obtained in bad faith and intended to embarrass 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 defence is seeking the records in connection with Tinubu’s electoral submissions during his 1999 Lagos governorship candidacy and 2023 presidential bid.

The criminal case, marked FHC/CR/484/2025, is between the Federal Republic of Nigeria and Sowore.

Amupitan’s application has introduced a separate legal question into the trial: whether the subpoena should stand and INEC be compelled to produce the requested records, or whether the court should set it aside.

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The court’s decision on the application will determine whether the documents can be obtained through the subpoena issued to the electoral commission.