The Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Ojo Amupitan, SAN, has asked the Federal High Court in Abuja to set aside a subpoena compelling him to produce electoral documents relating to President Bola Tinubu’s 1999 Lagos State governorship election and the 2023 presidential election.

Amupitan, through his lawyers led by Dr Alex A. Izinyon, SAN, filed a motion on notice on November 10, 2026, arguing that the documents specified in the subpoena were unknown to him and not in his custody.

The INEC chairman specifically challenged the description of the requested documents as Form CF01, insisting that no such forms existed for the two elections in the manner stated in the court order.

“There is no form known as INEC CF01 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 application stated.

The subpoena, issued on October 26, 2026, by Justice Mohammed Garba Umar, directed Amupitan to appear before the court at Courtroom 5 of the Abuja Judicial Division, produce the documents and testify on behalf of the defendant.

The documents sought include Tinubu’s INEC Form CF01 and an affidavit concerning lost certificates submitted during his 1999 Lagos governorship election, as well as the corresponding form for the 2023 presidential election.

They are being requested in Charge No. FHC/CR/484/2025, in which the Federal Republic of Nigeria is prosecuting human rights activist and African Action Congress presidential candidate, Omoyele Sowore.

In the affidavit supporting the application, Mendie Akpan, a litigation secretary in the law firm representing Amupitan, said the information contained in the deposition was obtained from the INEC chairman during a telephone conference with his lawyers on November 10.

The affidavit reiterated that the forms, as described in the subpoena, were unknown to the applicant and not in his possession.

Sowore had earlier announced the subpoena in a Facebook post, sharing copies of the court order and hearing notice served on the INEC chairman.

The prosecution of Sowore arose from his description of President Tinubu as a criminal, a remark that led to the criminal proceedings against the activist.

The court is yet to determine Amupitan’s application seeking to set aside the subpoena.