Ayomide Awe
The Independent National Electoral Commission has approached the Federal High Court in Abuja, seeking to overturn a subpoena compelling it to produce documents relating to President Bola Tinubu’s 1999 Lagos State governorship election and his 2023 presidential election.
The commission, through its Chairman, Prof. Joash Amupitan (SAN), is challenging the subpoena issued on November 6 during the ongoing cyberbullying trial of the African Action Congress presidential candidate, Omoyele Sowore.
In a motion on notice filed through its counsel, Alex Izinyon (SAN), the INEC chairman asked the court to declare the subpoena void, unenforceable and contradictory.
INEC argued that the subpoena was not personally served on its chairman as required by law, adding that the documents requested by Sowore’s defence team were either improperly described or did not exist in the form specified.
The electoral commission specifically disputed the existence of INEC Form CF01 relating to Tinubu’s 1999 Lagos governorship candidacy and his 2023 presidential election nomination.
The documents sought by Sowore’s lawyers include Tinubu’s INEC Form CF01 for the 1999 governorship election, including an affidavit concerning lost certificates, as well as his Form CF01 for the 2023 presidential election.
However, INEC maintained that the requested documents were not in its custody.
“No document known as INEC CF01 for the 1999 Lagos State Governorship Election or INEC Form CF01 for the 2023 Presidential Election exists as described, and such documents are not in the Applicant’s custody,” the application stated.
The commission also questioned the relevance of the subpoena to the criminal proceedings against Sowore, describing the request as speculative and allegedly motivated by bad faith.
In an affidavit supporting the application, INEC characterised the subpoena as “bad faith, irrelevant, fishy and speculative”, arguing that the request was calculated to embarrass the commission.
It further maintained that the criminal case had no direct connection with the electoral body, stressing that the prosecution was between the Federal Republic of Nigeria and Sowore.
The affidavit stated: “There is a criminal prosecution between the Federal Republic of Nigeria as the Complainant and Omoyele Sowore as Defendant.”
It added that the INEC chairman was not a party to the criminal proceedings.
Meanwhile, Justice Mohammed Umar has fixed November 17 for the continuation of Sowore’s cyberbullying trial.
The proceedings scheduled for Wednesday at the Federal High Court in Abuja were stalled following the reported absence of the presiding judge, who was said to be indisposed due to a cold.
In a related development, the court had on Monday granted another subpoena application by Sowore’s defence team, directing an All Progressives Congress chieftain, Joe Igbokwe, to appear as a defence witness.
Sowore’s lawyers are expected to question Igbokwe over his public comments and reactions to the activist’s social media publications, particularly posts in which the AAC presidential candidate described President Tinubu as a criminal.
The legal battle over the subpoena is expected to determine whether the electoral commission will be compelled to produce the disputed documents as the cyberbullying trial continues.
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