The Foundation for Digital Justice has sued the Independent National Electoral Commission over its alleged refusal to release information relating to the forensic cybersecurity expert commissioned to investigate an X account allegedly linked to INEC Chairman, Prof. Joash Amupitan, SAN.
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The suit, marked FHC/LAG/CS/890/2026, was filed before the Federal High Court in Lagos and has been assigned to Justice Akintayo Aluko.
The dispute arose after the foundation wrote a Freedom of Information request to INEC in April, seeking details of the forensic investigation conducted in respect of the X account allegedly linked to Amupitan.
The foundation asked INEC to provide a certified true copy of the full report of the forensic investigation, as well as the full name and professional profile of the independent forensic cybersecurity expert or firm engaged by the commission.
INEC had earlier said it hired a forensic cybersecurity expert to examine the controversial X account after screenshots circulated on social media alleging that Amupitan operated the account and made a partisan comment.
The controversy centred on an account with the handle @joashamupitan, which was alleged to have responded “Victory is sure” to a post by Dayo Israel, the National Youth Leader of the All Progressives Congress.
The claim was further amplified by screenshots said to contain emails, phone numbers, OPay details and Bank Verification Number information allegedly linked to the account.
INEC later stated that the forensic investigation found that the account and all posts attributed to its chairman were fake and “forensically unverifiable.”
However, the Foundation for Digital Justice is now asking the court to compel INEC to disclose the details of the expert or firm that carried out the investigation and the report upon which the commission relied.
In the court processes, the foundation argued that INEC’s failure to release the requested information amounted to a violation of Section 4(a) and (b) of the Freedom of Information Act, 2011.
It also asked the court to declare INEC’s refusal wrongful, illegal and unconstitutional.
According to the foundation, INEC failed to release the information within seven days of receiving the FOI request and also failed to issue any written notice explaining its refusal.
“The Respondent refused to release the requested information within seven days after it received the FOI application and did not provide any written notice stating reasons for the denial or refusal,” the court documents stated.
The foundation argued that the requested information is not exempted from disclosure under the Freedom of Information Act and that INEC had no lawful reason to decline the request.
It further contended that the refusal violated not only the FOI Act but also Section 39 of the 1999 Constitution, which protects freedom of expression and access to information.
The applicant said the disclosure is necessary in the interest of justice, democracy, transparency and public confidence in the electoral body.
It asked the court to order INEC to provide the requested information and grant any other relief the court may deem fit.
The suit adds another layer to the controversy surrounding the alleged X account, as questions continue over the identity of the forensic expert, the methodology used in the investigation, and the basis for INEC’s conclusion that the account was fake.
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