Federal High Court in Abuja has ordered the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, to produce President Bola Tinubu’s nomination documents for the 1999 Lagos State governorship election and the 2023 presidential election in the ongoing trial of activist Omoyele Sowore.
Gatekeepers News reports that the order requires Amupitan to appear before the court and tender the requested electoral records as a defence witness in the criminal case instituted against Sowore by the Department of State Services (DSS).
According to a subpoena issued in charge number FHC/CR/484/2025, the documents include Tinubu’s INEC Form CF001 submitted during the 1999 governorship election, alongside an affidavit relating to lost certificates.
The commission is also expected to produce the Form CF001 submitted by Tinubu ahead of the 2023 presidential election.
The development followed an application by Sowore’s defence team seeking to call Amupitan and former All Progressives Congress (APC) publicity secretary in Lagos State, Joe Igbokwe, as witnesses.
Justice Mohammed Garba Umar granted the application on Monday and directed that subpoenas be issued to both individuals.
However, the court dismissed Sowore’s application seeking to compel the DSS lead prosecutor, Akinlolu Kehinde, SAN, to testify as a defence witness.
The judge set aside the earlier subpoena issued against Kehinde, ruling that legal practitioners are generally protected by professional confidentiality and cannot ordinarily be compelled to disclose communications relating to their representation of clients.
Justice Umar held that a lawyer could only be compelled to testify under limited circumstances, particularly where the evidence concerns an uncontested matter or would not prejudice the client’s interests.
The judge also agreed with the prosecution that the application against the DSS lawyer was intended to delay proceedings and had been brought in bad faith.
Sowore is being prosecuted over social media publications in which he allegedly described President Tinubu as a “criminal”, prompting the DSS to institute criminal proceedings against him.
The defence is seeking the President’s historical electoral documents as part of its case in the ongoing trial.
The court adjourned the matter until Wednesday, November 11, 2026, for the appearance of the subpoenaed defence witnesses.
The requested documents are expected to be presented before the court as proceedings continue.U
