Court Subpoenas INEC Chairman to Produce Tinubu’s 1999, 2023 Election Records in Sowore’s Criminal Trial

The Federal High Court in Abuja has issued a subpoena compelling the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Ojo Amupitan, SAN, to appear before it and produce electoral documents relating to President Bola Ahmed Tinubu’s 1999 Lagos State governorship candidacy and his 2023 presidential election bid.

The development, which emerged on Monday, November 9, 2026, is connected to the ongoing criminal trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, over his description of President Tinubu as a criminal.

The subpoena, obtained at the instance of Sowore’s defence team, specifically requires the INEC chairman to produce electoral documents submitted by Tinubu during the two election periods. The requested records include his INEC Form CF001 filed in connection with the 1999 Lagos governorship election, alongside an affidavit relating to lost certificates, as well as the corresponding Form CF001 submitted for the 2023 presidential election.

The document, titled Subpoena Duces Tecum, requires Amupitan to appear in court with the specified records and give evidence on behalf of the defendant. It is connected to Charge No. FHC/CR/484/2025, in which the Federal Republic of Nigeria is the complainant and Sowore is the defendant.

The subpoena was signed by Justice Mohammed Garba Umar of the Federal High Court, Abuja Judicial Division. A hearing notice was also served on the INEC chairman on Monday, formally notifying him of the court’s directive to appear and produce the requested electoral documents.

In a related development, the court also approved a separate subpoena compelling Lagos-based All Progressives Congress (APC) chieftain, Chief Joe Igbokwe, to appear as a defence witness in the proceedings. Both Amupitan and Igbokwe are expected to appear before the court on Wednesday, November 11, 2026.

The latest development followed Monday’s proceedings, during which Justice Umar set aside an earlier subpoena obtained by Sowore’s defence team against the Department of State Services (DSS) lead counsel, Akinlolu Kehinde, SAN. The judge held that legal practitioners are generally bound by professional confidentiality obligations and cannot ordinarily be compelled to disclose privileged communications relating to their clients.

Following the ruling, Sowore’s defence counsel, R.O. Adakole, informed the court of the intention to summon Amupitan and Igbokwe as witnesses. The judge granted the application, paving the way for the issuance of the subpoenas against the two individuals.

Speaking to journalists after the proceedings, Sowore confirmed that the INEC chairman had been summoned to testify, describing the anticipated appearance as significant to his defence. He, however, declined to disclose the specific questions his legal team intended to ask during the examination of the witnesses.

The criminal proceedings arose from Sowore’s description of President Tinubu as a criminal, an expression that prompted the Federal Government, through the DSS, to institute the case against him. The anticipated production of the requested electoral records is expected to form part of the defence’s efforts to establish its position in the trial, as the court continues proceedings in the case.