The Chairman of the Independent National Electoral Commission, Prof. Joash Amupitan (SAN), has asked the Federal High Court in Abuja 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.

The subpoena was obtained by the defence team of human rights activist, Omoyele Sowore, who is facing prosecution over statements in which he described Tinubu as a criminal.

Amupitan, through his counsel, Dr Alex Izinyon (SAN), filed a motion on notice dated November 10, 2026, seeking an order setting aside the subpoena issued by Justice Mohammed Garba Umar on October 26.

The subpoena, which was served on INEC’s headquarters in Abuja on November 6, 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 equivalent document submitted by Tinubu for the 2023 presidential election.

However, in the application, Amupitan argued that the subpoena was defective, contradictory and unenforceable.

He contended that it was not personally served on him, as required by law, and that the documents described in the subpoena were not in the custody of the commission in the form specified.

The INEC chairman also argued that there was no form known as CF01 for the 1999 Lagos State governorship election or the 2023 presidential election as described in the subpoena.

“The subpoena Duces Tecum was not personally served on the Applicant Professor, Joash Ojo Amupitan SAN, Chairman INEC, as required by law.

“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 pursuant to Section 6(6) of the 1999 Constitution, further accused the defence of seeking the documents in bad faith and for purposes unrelated to the criminal proceedings.

One of the grounds of the application described the subpoena as “void ab initio, ungrantable, inconsistent and contradictory”.

In an affidavit supporting the application, a litigation secretary in Izinyon’s law firm, Mendie Akan, said the subpoena was served on INEC’s Litigation and Prosecution Department at its Abuja headquarters on November 6 at about 12.30pm.

Akan, who said she was authorised by Amupitan and her employers to depose to the affidavit, stated that the INEC chairman was not personally served with the subpoena.

She also stated that Amupitan was not a party to the criminal proceedings and was not the maker of the documents being sought.

The affidavit further alleged that the subpoena was obtained in bad faith to embarrass the electoral commission.

The subpoena followed an application by Sowore’s lead defence counsel, Adeyinka Olumide-Fusika (SAN), seeking to compel INEC to produce the historical election records.

The documents are expected to provide evidence relating to Tinubu’s electoral submissions during his 1999 governorship candidacy in Lagos State and his 2023 presidential candidacy.

The criminal case, marked FHC/CR/484/2025, is between the Federal Republic of Nigeria and Sowore.

The latest application introduces a fresh legal dispute into the trial, with the court expected to determine whether INEC should be compelled to produce the requested documents or whether the subpoena should be set aside. (The PUNCH)