By Kingston Magare 10.11.2026
The Independent National Electoral Commission (INEC) has urged a Federal High Court sitting in Abuja, to set aside an order compelling its chairman, Professor Joash Ojo Amupitan, SAN, to make available President Bola Tinubu’s e electoral documents for the 1999 Lagos State governorship election and 2023 presidential election.
Justice Mohammed Garba Umar issued the subpoena after lawyers for African Action Congress (AAC) presidential candidate, Omoyele Sowore filed an application for the documents to aide their defence of the criminal defamation case against Sowore. The Department of State Services had brought the case against Mr. Sowore for calling President Tinubu a criminal.
The documents include the INEC Form CF01 submitted by Tinubu during the 1999 Lagos State governorship election, alongside an affidavit concerning lost certificates, and the Form CF01 submitted for the 2023 presidential election.
INEC legal team filed a Motion on Notice dated November 10, 2026, asking the court to set aside the subpoena issued on October 26. The INEC argued that the subpoena was invalid, improperly served adding that documents were not in its custody.
It stated that the subpoena was brought “mala fide, bad faith, irrelevant, fishy and speculative”.
INEC consequently asked the court to make an order “setting aside the subpoena Duces Tecum dated the 26th day of October served on INEC Headquarters, Abuja on the 6th day of November 2026”.
The case comes up for hearing on November 11.