The Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan (SAN), has asked the Federal High Court in Abuja to cancel an order directing him to produce President Bola Tinubu’s electoral documents from the 1999 Lagos governorship and 2023 presidential elections.
The records were requested by the defence team of human rights activist Omoyele Sowore, who is facing trial over statements in which he described Tinubu as a criminal.
Amupitan, through his lawyer, Dr Alex Izinyon (SAN), filed an application dated November 10, 2026, challenging the subpoena issued by Justice Mohammed Garba Umar on October 26.
The order, delivered to INEC’s Abuja headquarters on November 6, required the commission to produce Tinubu’s Form CF001 and an affidavit concerning certificates reportedly lost during his 1999 governorship bid.
It also requested the corresponding document submitted for the 2023 presidential election.
However, the INEC chairman argued that the subpoena was legally defective, contradictory and unenforceable.
He maintained that it was not personally served on him, as required by law, and that the documents sought were not in the commission’s custody in the form described.
Amupitan also disputed the existence of the specified forms for the two elections, stating in his motion that the descriptions used in the subpoena were unknown to INEC.
“The subpoena Duces Tecum was not personally served on the Applicant Professor, Joash Ojo Amupitan SAN, Chairman INEC, as required by law.
READ ALSO: Court Orders INEC Chairman To Produce Tinubu’s 1999, 2023 Election Records
“There is no form known as INEC CFOl 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 read.
The application, brought under Section 6(6) of the 1999 Constitution, further accused the defence of obtaining the order in bad faith and for purposes unrelated to the criminal proceedings.
One of its grounds described the subpoena as “void ab initio, ungrantable, inconsistent and contradictory”.
In a supporting affidavit, Mendie Akan, a litigation secretary at Izinyon’s law firm, said the subpoena was served on INEC’s Litigation and Prosecution Department at about 12.30pm on November 6.
She stated that Amupitan was not personally served, was not a party to the case and was not the maker of the requested documents. The affidavit also alleged that the subpoena was intended to embarrass the commission.
Sowore’s lead counsel, Adeyinka Olumide-Fusika (SAN), had sought the records to support the activist’s defence in the case, marked FHC/CR/484/2025, between the Federal Republic of Nigeria and Sowore.
The court will now determine whether the subpoena should be enforced or set aside.