INEC Challenges Subpoena for President Tinubu’s Election Records in Sowore Trial

The Independent National Electoral Commission (INEC) has formally requested that the Federal High Court in Abuja invalidate a subpoena issued for election-related documents concerning President Bola Tinubu. The subpoena, which was served on November 6, 2026, is linked to the ongoing criminal trial of Omoyele Sowore, the presidential candidate for the African Action Congress (AAC), who is currently facing charges of cyberbullying.

The Nature of the Subpoena

The legal request from Sowore’s defense team sought specific documentation from the electoral body, including INEC Form CF01—which typically contains personal candidate information and affidavits regarding lost certificates—for both President Tinubu’s 1999 Lagos State governorship bid and his 2023 presidential campaign. The defense team aimed to secure these records as part of their strategy in the cyberbullying case.

INEC’s Legal Arguments

Represented by counsel Alex Izinyon (SAN), INEC Chairman Professor Joash Amupitan has filed an application to have the subpoena declared void, unenforceable, and contradictory. The commission’s arguments against the court order are multifaceted:

• Procedural Non-compliance: The commission claims the subpoena was not served personally on the Chairman as required by law.
• Non-existence of Records: INEC asserts that the specific documents requested, labeled as “INEC Form CF01” for the 1999 and 2023 elections, do not exist in the form described and are not within the commission’s custody.
• Relevance and Intent: The commission argues that the request is made in “bad faith” and is “fishy and speculative.” INEC maintains that the documents have no direct bearing on the criminal charges brought by the Federal Republic of Nigeria against Sowore.

In its supporting affidavit, the commission emphasized that the Chairman is not a party to the criminal proceedings and suggested that the request was designed to embarrass the electoral body.

Context of the Sowore Trial

The trial, which centers on allegations of cyberbullying, has seen various legal maneuvers from the defense. In a separate development, the court recently approved a subpoena for APC chieftain Joe Igbokwe to testify. The defense intends to cross-examine Igbokwe regarding his public reactions to social media posts made by Sowore, in which the defendant characterized President Tinubu as a criminal.

The proceedings were recently delayed due to the absence of the presiding judge, Justice Mohammed Umar, who was reported to be unwell. The court has scheduled the continuation of the trial for November 17, 2026.

Conclusion

As the legal battle continues, the court must now weigh the defense’s right to request evidence against the electoral commission’s claims of procedural impropriety and the alleged non-existence of the requested records. The outcome of the motion to invalidate the subpoena will likely be a focal point when the trial resumes later this month.

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p class=”vbna-source-note”>Source: Daily Post Nigeria

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