The ongoing criminal trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, has taken a new turn, with the Federal High Court in Abuja ordering the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, to produce documents relating to President Bola Tinubu’s electoral credentials in the 1999 Lagos State governorship election and the 2023 presidential election.
The subpoena, issued in charge number FHC/CR/484/2025, directs Amupitan to appear before the court, produce the specified electoral records and testify on behalf of the defendant.
The order, signed by Justice Mohammed Garba Umar, places INEC’s custody of historical candidate records at the centre of proceedings in a case arising from Sowore’s alleged description of President Tinubu as a criminal.
Among the documents requested is Tinubu’s INEC Form CF001 submitted for the 1999 governorship election in Lagos State. The court specifically requires the form to include the affidavit relating to lost certificates.
Amupitan is also expected to produce the Form CF001 submitted by Tinubu ahead of the 2023 presidential election.
The subpoena reportedly served on the INEC chairman on Monday raises questions about the relevance of the documents to the allegations against Sowore and the evidentiary issues the defence may seek to establish through their production.
Form CF001 is a candidate information document submitted to INEC as part of the electoral nomination process. It contains personal and qualification-related information supplied by candidates, alongside supporting declarations and documents required by the electoral framework.
The request for Tinubu’s 1999 form, particularly the affidavit concerning lost certificates, suggests that the defence intends to examine the information and declarations submitted during his first major electoral contest for public office.
The inclusion of the 2023 presidential nomination form also brings the records submitted more than two decades later into the same legal inquiry.
READ ALSO; Sowore releases fresh footage of Ekiti attack, insists on assassination attempt [VIDEO]
The two documents could provide the court with an opportunity to examine what information Tinubu declared to the electoral commission at different points in his political career. Their production may also allow the parties to compare the records and address any questions arising from their contents.
However, the subpoena itself does not establish that any information contained in the forms is false or that the President committed an electoral offence. Those issues, if raised, would have to be supported by evidence and determined within the appropriate legal proceedings.
The directive also places the electoral commission in a significant position in the trial. As the institution responsible for receiving and retaining candidates’ nomination documents, INEC is being called upon to provide records that may become relevant to the defence’s case.
Amupitan is not merely being asked to submit documents; the subpoena also requires him to testify. His appearance could therefore provide an opportunity for the court to hear evidence concerning the commission’s records and the circumstances surrounding their submission and custody.
The extent of his testimony, however, will depend on the questions permitted by the court and the relevance of the evidence to the issues before it.
Sowore’s prosecution stems from his alleged description of Tinubu as a criminal, an allegation that has generated wider debate about political expression, criticism of public officials and the limits of free speech.
The demand for the President’s historical electoral records introduces another dimension to the proceedings, potentially shifting attention towards the documentary evidence surrounding his candidacies.
The central question now is whether the requested INEC records will materially advance the defence’s case and how the court will assess any evidence arising from their production.
With the INEC chairman directed to appear and testify, the next stage of the proceedings could provide greater clarity on the documents submitted by Tinubu in 1999 and 2023, as well as their relevance to the criminal charge against Sowore.
The court has yet to make any finding, based on the information contained in the subpoena, that the President’s electoral records are defective or that the allegations surrounding them have been established.