INEC Challenges Court Order Seeking Tinubu’s Past Election Documents in Sowore’s Trial

The Independent National Electoral Commission (INEC) has approached the Federal High Court in Abuja to challenge a subpoena directing it to produce President Bola Tinubu’s electoral documents from the 1999 Lagos governorship election and the 2023 presidential election.

INEC Chairman, Professor Joash Amupitan, SAN, is seeking to have the subpoena set aside, describing it as legally defective, contradictory and irrelevant to the ongoing cyberbullying trial of African Action Congress (AAC) presidential candidate, Omoyele Sowore.

The application, filed through his lawyer, Alex Izinyon, SAN, challenges the subpoena issued in connection with the documents requested by Sowore’s defence team.

The electoral commission argued that the subpoena was not personally served on Amupitan as required by law and that the documents sought were either incorrectly described or did not exist in the form specified.

The defence had requested Tinubu’s INEC Form CF01, including an affidavit relating to lost certificates, from his 1999 Lagos governorship election, as well as his Form CF01 for the 2023 presidential election.

But Amupitan maintained that the forms, as described in the subpoena, were unknown to the commission and were not in its custody.

“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.

INEC further described the subpoena as being issued in bad faith, arguing that the documents had no direct bearing on the criminal allegations against Sowore.

In an affidavit supporting the application, the commission characterised the request as “irrelevant, fishy and speculative,” alleging that it was designed to embarrass the electoral body.

It also argued that the INEC chairman was not a party to the criminal proceedings instituted by the Federal Republic of Nigeria against Sowore.

Meanwhile, Justice Mohammed Umar has adjourned the continuation of the trial until November 17 following the judge’s absence from Wednesday’s proceedings due to illness.

In another development, the court had on Monday approved a request by Sowore’s defence team for a subpoena compelling APC chieftain, Joe Igbokwe, to appear as a defence witness.

The defence intends to cross-examine Igbokwe over his public comments and reactions to Sowore’s social media posts in which the activist described President Tinubu as a criminal.