Tinubu’s election records: ‘Documents do not exist as described,’ INEC tells court
INEC Challenges Subpoena for Tinubu Election Documents in Federal High Court
The Independent National Electoral Commission (INEC) has filed an application with the Federal High Court in Abuja to nullify a subpoena requiring the release of documents related to President Bola Tinubu’s 1999 governorship election in Lagos State and his 2023 presidential campaign.
INEC Chairman Professor Joash Amupitan, SAN, submitted the request challenging the subpoena, issued on November 6, during the ongoing trial related to allegations of cyberbullying against Omoyele Sowore, the presidential candidate for the African Action Congress (AAC).
Through his attorney, Alex Izinyon, SAN, Amupitan argues that the subpoena should be declared “void, unenforceable, and contradictory.” The commission has also raised concerns about the relevance of the documents sought to the criminal proceedings against Sowore, asserting that the request was made in bad faith.
The application states, “The subpoena Duces Tecum dated 6/11/2026 as constituted is void ab initio, ungrantable, inconsistent and contradictory.” The materials requested by Sowore’s legal team include INEC Form CF01 related to Tinubu’s candidacy for both the 1999 governorship election and the 2023 presidential election.
However, Amupitan maintains that INEC does not possess the records requested. “No document known as INEC CF01 for the 1999 Lagos State Governorship Election or INEC Form CF01 for the 2023 Presidential Election exists as described, and such documents are not in the Applicant’s custody,” the application asserts.
In a supporting affidavit, INEC characterized the subpoena as “bad faith, irrelevant, fishy, and speculative.” The commission’s legal representatives contend that the document requests aim to embarrass INEC and hold no direct relevance to the criminal case against Sowore.
The affidavit clarifies that the case primarily involves the Federal Republic of Nigeria as the complainant and Sowore as the defendant, emphasizing that INEC is not a party to the prosecution.
Justice Mohammed Umar has scheduled the next session of Sowore’s trial for November 17. A previously planned hearing at the Federal High Court in Abuja was postponed when the presiding judge was reported absent due to illness.
In a related development, the court has approved a subpoena application from Sowore’s defense team, requiring All Progressives Congress (APC) official Joe Igbokwe to testify as a defense witness. Sowore’s attorneys plan to question Igbokwe about his public remarks regarding Sowore’s social media posts, particularly those where Sowore accused President Tinubu of criminal behavior.
