The Federal High Court in Abuja has ordered the Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, to produce President Bola Tinubu’s 1999 and 2023 election nomination forms as evidence in the ongoing criminal trial of activist Omoyele Sowore.
The order could bring renewed attention to questions surrounding the documents Tinubu submitted to INEC before contesting the Lagos State governorship election in 1999 and the presidential election in 2023.
Justice Mohammed Umar issued a subpoena directing Amupitan to appear in court with the requested documents and testify in the case instituted against Sowore by the Department of State Services (DSS).
The subpoena, titled Subpoena Duces Tecum, was issued in charge number FHC/CR/484/2025.
It specifically requires the INEC chairman to produce Tinubu’s Form CF001 submitted for the 1999 Lagos governorship election, including the affidavit relating to lost certificates.
The court also requested the Form CF001 submitted by Tinubu for the 2023 presidential election.
The development followed Monday’s proceedings, during which Sowore’s defence counsel, Ruben Adakole, informed the court of its intention to call Amupitan and former Lagos State All Progressives Congress (APC) publicity secretary, Joe Igbokwe, as defence witnesses.
Justice Umar granted the application and directed that subpoenas be issued to both witnesses.
However, the court rejected another application by Sowore seeking to compel Akinlolu Kehinde, lead counsel to the DSS, to testify for the defence.
The judge set aside an earlier subpoena issued to Kehinde, ruling that legal practitioners are protected by professional confidentiality and cannot ordinarily be forced to disclose communications connected with their legal representation.
Justice Umar explained that lawyers could only be compelled to testify under limited circumstances, particularly where the evidence concerns uncontested matters or does not prejudice their clients.
He also agreed with the prosecution that the application against Kehinde was intended to delay the proceedings and was brought in bad faith.
The court adjourned the case until November 11 for the appearance of the subpoenaed witnesses.
Sowore is facing prosecution over social media posts in which he allegedly described Tinubu as a “criminal”, an allegation that forms the basis of the DSS case against him.