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Court documents obtained by SaharaReporters show that Amupitan, through his lawyers, filed a Motion on Notice dated November 10, 2026, asking the court to nullify the subpoena issued on October 26, 2026, in the ongoing criminal trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore.
The Independent National Electoral Commission (INEC), through its Chairman, Professor Joash Ojo Amupitan, SAN, has approached the Federal High Court in Abuja seeking to set aside a subpoena directing him to produce documents relating to President Bola Tinubu’s 1999 Lagos State governorship election and 2023 presidential election.Court documents obtained by SaharaReporters show that Amupitan, through his lawyers, filed a Motion on Notice dated November 10, 2026, asking the court to nullify the subpoena issued on October 26, 2026, in the ongoing criminal trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore.
The subpoena was issued by Justice Mohammed Garba Umar of the Federal High Court, Abuja, in Charge No. FHC/CR/484/2025, involving the Federal Republic of Nigeria and Sowore.
SaharaReporters had reported on Monday that the court ordered Amupitan to appear and produce the specified electoral documents in connection with Sowore’s trial over his description of Tinubu as a criminal.
The subpoena, titled ‘Subpoena Duces Tecum’, directs the INEC chairman to produce two sets of documents submitted by Tinubu to the electoral commission.
They include the INEC Form CF01 submitted by Tinubu as a candidate in the 1999 Lagos State governorship election, alongside the affidavit concerning lost certificates, and the Form CF01 he submitted for the 2023 presidential election.
The court order also directs Amupitan to testify on behalf of Sowore and remain in attendance until the matter is determined.
The subpoena directed the INEC chairman to appear before the Federal High Court, Abuja Judicial Division, Courtroom 5, at 9am on October 26, 2026.
Sowore had disclosed the development in a Facebook post, sharing copies of the subpoena and hearing notice served on the INEC chairman.
The criminal case was instituted by the Federal Republic of Nigeria against Sowore over his remarks about Tinubu.
By seeking to have the subpoena set aside, INEC is challenging the court order requiring its chairman to produce the president’s electoral documents and testify in the case.
SOURCE: SAHARA REPORTERS
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