INEC Chairman Moves to Quash Court Order for Tinubu’s 1999 and 2023 Election Records in Sowore’s Trial.
The Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, has approached the Federal High Court in Abuja seeking to set aside a subpoena compelling him to produce President Bola Ahmed Tinubu’s electoral records from the 1999 Lagos State governorship election and the 2023 presidential election.
The development introduces another legal dimension into the ongoing criminal trial of human rights activist and former presidential candidate, Omoyele Sowore, who is being prosecuted by the Department of State Services (DSS) over social media publications in which he allegedly described President Tinubu as a criminal.
According to news reports the subpoena was issued by Justice Mohammed Garba Umar in charge number FHC/CR/484/2025, following an application by Sowore’s defence team seeking to obtain documents considered relevant to its case.
The court order specifically directed the INEC chairman to produce Tinubu’s Form CF001 submitted during the 1999 Lagos State governorship election, including an affidavit relating to lost certificates. It also requested the corresponding nomination document submitted for the 2023 presidential election.
However, in an application filed on Tuesday, November 10, 2026, INEC challenged the validity of the subpoena, asking the court to set it aside.
Through its lawyer, Senior Advocate of Nigeria, Alex Izinyon, the commission argued that the subpoena was defective, contradictory and legally unenforceable. It also maintained that Professor Amupitan was not personally served with the court order, although the document was reportedly delivered to INEC’s Litigation and Prosecution Department at its Abuja headquarters on November 6.
Another major argument raised by the commission concerns the description and availability of the requested documents. INEC reportedly contended that there was no form known as CF01 for the relevant elections in the manner described in the subpoena and maintained that the documents were not in the custody of its chairman as specified.
The commission further questioned the relevance of the subpoena, describing the defence’s application as speculative and allegedly brought in bad faith.
Sowore’s Defence Seeks Electoral Records
The request for Tinubu’s electoral documents forms part of Sowore’s efforts to establish his defence against the criminal charges brought by the DSS.
The activist’s legal team, led by Adeyinka Olumide-Fusika, SAN, had successfully obtained court approval to subpoena the INEC chairman and All Progressives Congress chieftain, Joe Igbokwe, as proposed defence witnesses.
The court also considered a separate request to compel the DSS’s lead prosecuting counsel, Akinlolu Kehinde, SAN, to testify. However, Justice Umar set aside that subpoena, citing issues surrounding legal professional confidentiality and the circumstances under which a lawyer can be compelled to testify in proceedings involving a client.
Sowore has pleaded not guilty to the charges against him.
Court’s Decision Still Pending
INEC’s application now places the validity and enforceability of the subpoena before the Federal High Court for determination.
Importantly, the commission’s request to quash the subpoena does not mean the court has already cancelled the order. The arguments presented by INEC and any response from Sowore’s defence will have to be considered before a judicial decision is reached.
The controversy has renewed public attention on the importance of electoral transparency, access to official records and the accountability of public institutions in Nigeria’s democratic system.
For INEC, an institution constitutionally responsible for managing elections and maintaining electoral records, the proceedings also raise questions about the accessibility and preservation of historical election documentation.
As the case continues, the court’s eventual decision could determine whether the requested electoral documents will be made available for examination as part of Sowore’s defence.
The matter was scheduled for further proceedings on Wednesday, November 11, 2026.