The Independent National Electoral Commission (INEC) has approached the Federal High Court in Abuja seeking to set aside a subpoena directing its Chairman, Professor Joash Ojo Amupitan, SAN, to produce electoral documents relating to President Bola Tinubu’s 1999 Lagos State governorship election and 2023 presidential election.
Court documents obtained by DAILY GAZETTE indicate that Amupitan, through his lawyers, filed a Motion on Notice dated November 10, 2026, seeking to nullify the subpoena issued on October 26.
The subpoena was issued by Justice Mohammed Garba Umar of the Federal High Court, Abuja, in the ongoing criminal case instituted by the Federal Republic of Nigeria against human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore.
Sowore is standing trial over his description of President Tinubu as a criminal.
The court had directed the INEC chairman to appear as a witness for Sowore and produce specified electoral documents submitted by Tinubu to the commission.
The documents include Tinubu’s INEC Form CF01 submitted during his 1999 Lagos governorship election, alongside an affidavit relating to lost certificates, as well as the Form CF01 submitted for his 2023 presidential election.
The subpoena, titled Subpoena Duces Tecum, also required Amupitan to remain in court throughout the proceedings until the matter is determined.
It directed him to appear before the Federal High Court, Abuja Judicial Division, Courtroom 5, at 9am on October 26, 2026.
The court had ordered the INEC chairman to appear and produce the requested documents in connection with Sowore’s trial.
The development was also made public by Sowore, who shared copies of the subpoena and hearing notice served on Amupitan in a Facebook post.
However, by filing the fresh motion, INEC is now asking the court to overturn the order compelling its chairman to produce the president’s historical electoral records and testify in the criminal proceedings.
