The Makurdi, Gboko and Otukpo branches of the Nigerian Bar Association in Benue State have criticised the invitation of the Chief Judge of the Federal High Court, John Tsoho, by the Code of Conduct Bureau (CCB), describing the move as unconstitutional and contrary to settled judicial authorities.
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In a joint statement issued under the aegis of the United Benue Bar, the branches condemned the CCB’s action against the Chief Judge, who hails from Benue State.
The joint statement was endorsed by Yerna J. Yaji, chairperson of the NBA Makurdi Branch; Felix Zahemen Uwar, chairperson of the NBA Gboko Branch; and John Emmanuel Ojoh, chairperson of the NBA Otukpo Branch.
“The Code of Conduct Bureau lacks the constitutional authority to summon a sitting Chief Judge. It is settled law that only the National Judicial Council can investigate or discipline a serving judicial officer.
“Any action taken without first recourse to the National Judicial Council (NJC) amounts to a clear violation of established judicial precedent and the rule of law,” the NBA Benue branches said.
The lawyers cited the Supreme Court decision in FRN v Nganjiwa and the Court of Appeal ruling in Opene v NJC & Ors, insisting that a judicial officer cannot be subjected to “any form of investigation or prosecution” without first passing through the disciplinary process of the NJC.
They described the invitation by the Code of Conduct Bureau as an “aberration” of established authorities.
The branches recalled a similar episode during the tenure of former Chief Justice of Nigeria, Walter Onnoghen, who was tried by the Code of Conduct Tribunal over alleged false asset declaration.
According to the statement, the process adopted in that case led to Mr Onnoghen’s removal from office before his appeal resulted in a settlement with the federal government, after which he was “acquitted of the charges” and paid his entitlements.
The Benue NBA branches alleged that the current development appeared aimed at “unlawfully removing” Mr Tsoho and warned against what they called a “predictable outcome.”
They aligned with the position earlier expressed by NBA President, Afam Osigwe, SAN, who had also condemned the invitation.
While stating that they did not “hold brief” for the Chief Judge, they maintained that any allegation against him must first be referred to the NJC for investigation and possible recommendation in line with the rule of law.
It was reported last month that Chief Judge Tsoho failed to declare multiple bank accounts in his asset declarations submitted to the CCB.
The accounts held in both naira and foreign currency denominations were said to be omitted from the statutorily required disclosure form.
The report described the omissions as a breach of the CCB and Tribunal Act.
Following the publication of the investigation finding, the CCB formally invited Mr Tsoho to appear before it in connection with the undeclared assets.
On Monday, Mr Tsoho acknowledged the invitation in a statement signed by the Federal High Court’s Director of Information, Catherine Christopher.
The statement said he would honour the invitation as soon as he was done with his medical treatment abroad.
In the days that followed, the national leadership of the NBA criticised the CCB’s move.
In a letter dated March 2 addressed to the chairperson of the CCB, Abdullahi Usman Bello, the NBA president, Mr Osigwe, warned that such actions threaten judicial independence and violate the doctrine of separation of powers.
The letter noted that a sitting judicial officer cannot be subject to investigation or summons by the CCB without first being referred to the NJC.
The association said the CCB lacked constitutional authority to directly invite a serving judge and urged that the matter be handled through established disciplinary channels.
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