The trial of human rights activist and African Action Congress (AAC) presidential candidate, Omoyele Sowore, over his description of President Bola Tinubu as a criminal, was stalled on Wednesday at the Federal High Court in Abuja following the absence of the presiding judge, Justice Mohammed Garba Umar.
The case, which was scheduled for hearing on November 11, 2026, could not proceed after the court registrar informed Sowore’s lawyers that the judge was indisposed and the court would not sit.
The Chairman of the Independent National Electoral Commission (INEC), Professor Joash Ojo Amupitan (SAN), and former Lagos State Publicity Secretary of the All Progressives Congress (APC), Joe Igbokwe, who were subpoenaed to appear as witnesses in the case, were also absent.
No immediate explanation was given for their failure to appear.
Amupitan’s absence came a day after he approached the same court seeking to set aside the subpoena compelling him to produce President Tinubu’s electoral documents relating to the 1999 Lagos State governorship election and the 2023 presidential election.
In a Motion on Notice dated November 10, 2026, obtained by SaharaReporters, the INEC chairman challenged the subpoena issued on October 26, 2026, arguing that the electoral forms requested by Sowore were unknown to him in the form described and were not in his 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.
Amupitan further described the subpoena as “mala fide, bad faith, irrelevant, fishy and speculative,” alleging that Sowore’s request was intended to embarrass the electoral commission.
He also argued that he was not personally served with the subpoena, although it was delivered to INEC headquarters in Abuja.
According to an affidavit supporting the application, the subpoena was served on the commission’s Litigation and Prosecution Department on November 6, 2026, at about 12:30pm, but was not personally served on the INEC chairman.
The documents Sowore is seeking include Tinubu’s INEC Form CF001 and an affidavit concerning lost certificates submitted by the President during his 1999 Lagos governorship election bid.
He is also seeking the Form CF001 submitted by Tinubu to INEC for the 2023 presidential election.
The subpoena, titled Subpoena Duces Tecum, was issued in Charge No. FHC/CR/484/2025, in which the Federal Republic of Nigeria is prosecuting Sowore over his description of Tinubu as a criminal.
The court had directed Amupitan to appear, produce the specified electoral documents and testify on behalf of the activist.
At the previous sitting, Sowore informed the court that his legal team had lined up several witnesses to testify in his defence, including Amupitan and Igbokwe, who were compelled through subpoenas to appear.
However, Wednesday’s failure of the court to sit prevented the proceedings from taking place, leaving both the pending application by the INEC chairman and the expected testimony of the subpoenaed witnesses unresolved.
The case has now been adjourned until November 17, 2026, for continuation of trial.
