The Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, has approached the Federal High Court in Abuja seeking 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.
Amupitan, through his counsel, 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 in a case involving activist, Omoyele Swore.
The subpoena, obtained by Sowore’s defence team, was served at INEC’s headquarters in Abuja on November 6. It directed the commission’s chairman to produce Tinubu’s Form CF001, including an affidavit relating to lost certificates submitted during his 1999 Lagos governorship candidacy.
It also sought the corresponding document submitted by the President for the 2023 presidential election.
In his application, Amupitan argued that the subpoena was defective, contradictory and unenforceable, insisting that it was not personally served on him as required by law.
He also challenged the description of the documents being requested, arguing that the forms specified in the subpoena were unknown to the commission in the manner stated.
“There is no form known as INEC CF01 for the Lagos State Governorship Election 1999, and INEC Form CF01 for the 2023 Presidential Election as such form as described are unknown and are not in the custody of the applicant,” the motion stated.
Sowore Seeks Tinubu’s Historical Election Records
The subpoena followed an application by Sowore’s lead defence counsel, Adeyinka Olumide-Fusika (SAN), asking the court to compel INEC to produce the President’s historical election records.
The documents are expected to provide evidence relating to Tinubu’s electoral submissions during his 1999 Lagos governorship candidacy and his 2023 presidential contest.
The criminal case, marked FHC/CR/484/2025, is between the Federal Republic of Nigeria and Sowore.
The latest application means the court must now determine whether INEC should be compelled to produce the requested records or whether the subpoena should be set aside.
