The Independent National Electoral Commission approached the Federal High Court in Abuja on November 10, 2026. Its chairman, Professor Joash Ojo Amupitan, SAN, filed a motion seeking to set aside a subpoena. The subpoena required him to produce electoral documents linked to President Bola Tinubu.
Justice Mohammed Garba Umar issued the subpoena on October 26, 2026. It arose in the criminal trial of Omoyele Sowore, the African Action Congress presidential candidate. The Federal Republic of Nigeria instituted the case against Sowore over statements describing Tinubu as a criminal. The charge bears the number FHC/CR/484/2025.
The subpoena directed Amupitan to appear in Courtroom 5 at the Federal High Court in Maitama, Abuja. It ordered him to produce two sets of documents. These included the INEC Form CF01, together with an affidavit concerning lost certificates, submitted by Tinubu for the 1999 Lagos State governorship election.
It also sought the Form CF01 Tinubu submitted for the 2023 presidential election. In addition, the order required Amupitan to testify on behalf of the defence.
Officials served the subpoena on the INEC Litigation and Prosecution Department at the commission headquarters in Abuja on November 6, 2026. Amupitan’s counsel, Dr. Alex A. Izinyon, SAN, filed the motion on notice the following day. In the application, Amupitan stated that the subpoena was not personally served on him as required by law.
The motion further stated that the documents described “are unknown and are not in the custody of the Applicant.” It maintained that no form known as INEC CF01 exists for the 1999 Lagos State governorship election or the 2023 presidential election in the form specified. The application described the subpoena as void, unenforceable, inconsistent and contradictory. It also characterised the request as brought in bad faith, irrelevant and speculative.
Amupitan asked the court for an order setting aside the subpoena dated October 26 and served on November 6. The scheduled appearance for the INEC chairman fell on November 11, 2026.
