Abuja court orders INEC to submit Tinubu's 1999 and 2023 election forms in Sowore trial

A Federal High Court in Abuja has issued a formal order requiring the Independent National Electoral Commission (INEC) to produce specific electoral documents related to President Bola Tinubu. Judicial authorities have ordered Professor Joash Ojo Amupitan, the head of INEC, to present himself regarding the current criminal case involving Omoyele Sowore, a human rights campaigner and the presidential nominee for the African Action Congress (AAC). The ruling, delivered on November 9, 2026, mandates the production of nomination forms submitted by Tinubu during his 1999 Lagos State governorship campaign and his 2023 presidential bid.

The legal document, known as a Subpoena Duces Tecum, was signed by Justice Mohammed Garba Umar, the presiding judge in the case. The subpoena specifically requests INEC Form CF01, which includes an affidavit regarding lost certificates that Tinubu filed when running for governor in 1999, as well as the equivalent form submitted for the 2023 presidential election. Additionally, the tribunal granted permission for the defense team to summon Joe Igbokwe, who previously served as the publicity officer for the All Progressives Congress (APC) in Lagos, to provide testimony. Sowore announced this update on social platforms, posting images of the summons and the hearing notification that had been delivered to the head of the electoral commission.

Background

These legal actions originate from criminal accusations filed by the Federal Republic of Nigeria against Omoyele Sowore, who is known as the founder of Sahara Reporters. Sowore faces prosecution over social media posts in which he described President Tinubu as a "criminal." The case, registered under charge number FHC/CR/484/2025, has been a focal point of legal and political debate in Nigeria. The defence, led by counsel Ruben Adakole, sought to call both Amupitan and Igbokwe to the stand to provide testimony and evidence relevant to the allegations. The court granted this application on November 9, 2026, directing that subpoenas be issued to both individuals. The subpoena for Amupitan was dated October 26, 2026, with a separate filing seeking its issuance dated October 23, 2026. The documents identify Courtroom 5 at the Abuja Judicial Division as the venue for the proceedings.

In a distinct decision issued that same day, the tribunal denied Sowore’s effort to force Akinlolu Kehinde, the primary attorney representing the Department of State Services (DSS), to serve as a witness for the defense. The judge set aside the earlier subpoena issued to Kehinde, citing the professional duty of confidentiality owed by lawyers to their clients. The tribunal clarified that attorneys generally cannot be compelled to reveal information related to their professional duties, unless specific narrow conditions are met, such as when the facts are undisputed or disclosing them would not disadvantage the client. The presiding judge also concurred with the prosecution’s contention that the motion targeting Kehinde was submitted dishonestly with the purpose of stalling the trial.

Why it matters

The production of these documents is significant as it seeks to place official electoral records into the public domain within the context of a high-profile criminal trial. The specific request for the 1999 affidavit regarding lost certificates and the 2023 nomination form suggests the defence intends to scrutinise the completeness and accuracy of Tinubu's past submissions to the electoral commission. This move highlights the intersection of electoral integrity and criminal law in Nigeria, as the outcome may influence public perception of the transparency surrounding presidential candidates' documentation. The rejection of the bid to compel the DSS counsel to testify underscores the legal protections afforded to attorney-client privilege, even in cases involving state agencies. The trial is set to resume on November 11, 2026, when the subpoenaed witnesses are expected to appear before the court.

What happens next

The case has been adjourned until November 11, 2026. On this date, the subpoenaed defence witnesses, including INEC Chairman Joash Amupitan and Joe Igbokwe, are expected to appear before the Federal High Court in Abuja. They will be required to produce the specified documents and provide testimony on behalf of the defendant, Omoyele Sowore. The court will determine the next steps in the trial based on the evidence presented and the testimony given by these witnesses.