The documents include Tinubu’s 1999 governorship nomination form and an affidavit relating to lost certificates, as the court fixes November 11 for the appearance of defence witnesses.
The Federal High Court in Abuja has ordered the Chairman of the Independent National Electoral Commission (INEC), Joash Amupitan, to produce President Bola Tinubu’s nomination documents for the 1999 Lagos governorship and 2023 presidential elections in Omoyele Sowore’s criminal trial.
The documents are being sought by Sowore’s defence team in the case instituted by the Department of State Services (DSS) over social media posts in which the Sahara Reporters publisher allegedly described Tinubu as a “criminal”.
The subpoena, titled Subpoena Duces Tecum, requires Amupitan to produce Tinubu’s INEC Form CF001 submitted for the 1999 Lagos governorship election, including an affidavit relating to lost certificates.
It also requests the Form CF001 submitted by Tinubu for the 2023 presidential election.
The subpoena was issued by Justice Mohammed Garba Umar in charge number FHC/CR/484/2025. The INEC chairman was served with a hearing notice on Monday, directing him to appear and produce the documents as part of the defence’s case.
Court approves subpoenas for INEC chairman, Igbokwe
The development followed Monday’s proceedings, during which Ruben Adakole, counsel to Sowore, informed the court that the defence intended to call Amupitan and Joe Igbokwe, a former publicity secretary of the All Progressives Congress (APC) in Lagos, as witnesses.
Justice Umar granted the request and directed that subpoenas be issued to both proposed witnesses.
The court subsequently adjourned the case until November 11 for their appearance.
In a separate ruling, the court dismissed Sowore’s application seeking to compel Akinlolu Kehinde, lead counsel to the DSS, to testify as a defence witness.
Justice Umar set aside the subpoena previously issued against Kehinde, holding that legal practitioners owe their clients a duty of confidentiality and cannot ordinarily be compelled to disclose communications relating to legal representation.
The judge said a lawyer could only be compelled to testify in limited circumstances, particularly where the evidence sought concerns an uncontested matter or would not prejudice the client’s interests.
He also agreed with the prosecution that the application was brought in bad faith and intended to delay the trial.
Sowore is facing prosecution over social media publications in which he allegedly referred to Tinubu as a “criminal”. The case has centred on whether the posts amounted to an offence under the law.
The appearance of Amupitan and Igbokwe on November 11 is expected to form part of the defence proceedings.
