The Foundation for Digital Justice, non-profit organisation, has sued the Independent National Electoral Commission (INEC) over the failure to release the details of the forensic cybersecurity expert commissioned to probe the X account allegedly linked to Joash Amupitan.
The suit, marked FHC/LAG/CS/890/2026, was filed at the federal high court in Lagos.
BACKGROUND
In April, the foundation wrote a freedom of information letter to INEC to request the details of the forensic cybersecurity expert commissioned to probe the X account allegedly linked to Amupitan, the INEC chairman.
The foundation asked INEC to provide a certified true copy of the full report of the forensic investigation conducted in relation to the X account.
The foundation also demanded the full name and professional profile of the independent forensic cybersecurity expert or firm engaged by the commission to conduct the said investigation.
The electoral umpire had hired a forensic cybersecurity expert to probe an X account allegedly linked to Amupitan following a controversy on social media.
INEC had said the forensic investigation found that the account, @joashamupitan, and all posts attributed to the INEC chairman were fake and “forensically unverifiable”.
The controversy began when social media users circulated screenshots alleging that Amupitan operated the X account and made a partisan comment, “Victory is sure”, in response to a post made by Dayo Israel, the national youth leader of All Progressives Congress (APC).
The claim was further amplified by screenshots showing emails, phone numbers, OPay and bank verification number (BVN), which were circulated as proof of ownership.
THE SUIT
In the copy of the court documents, the foundation asked the court to declare that the failure of INEC to release the requested information “amounts to a violation of Section 4 (a) & (b) of the Freedom of Information Act, 2011 and therefore wrongful, illegal and unconstitutional”.
The foundation also asked the court to order INEC to provide the requested information.
“The Respondent (INEC) refused to release the requested information within 7 days after it received the FOI Application and did not provide any written notice stating reasons for the denial or refusal,” part of the court documents reads.
“The Respondent’s refusal to furnish the Applicant with the requested information in Exhibit FOLEGAL 2 (FOI letter) amounts to a gross violation of Section 4 of the Freedom of Information Act 2011 and indeed Section 39 of the 1999 Constitution.
“The Information sought by the Applicant is not exempted from disclosure under any provision of the Freedom of Information Act, 2011 (“FOI Act”), and the Respondent has no reason whatsoever to decline the Applicant’s request.
“As a result of the breach of the FOI Act, the Applicant is entitled to the reliefs sought in this Suit and such other reliefs this Honourable Court deems just and fair to make in the circumstances of this Application.
“Unless the Respondent is compelled and mandated by this Honourable Court to furnish the Applicant with the requested information, the Respondent would continue to abdicate its statutory duties and deny the Applicant of the requested information.
“It is in the interest of justice, our democracy and fairness to grant this Application and the Respondent will not be prejudiced thereby.”
The suit has been assigned to Akintayo Aluko, the judge.
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