The Nigerian Bar Association (NBA) has condemned the reported summons issued to the Chief Judge of the Federal High Court, Honourable Justice John Tsoho, by the Code of Conduct Bureau (CCB) over alleged non-declaration of certain bank accounts.
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In a letter dated March 2, 2026, addressed to the CCB Chairman, the NBA emphasized that the constitution grants exclusive authority to the National Judicial Council (NJC) to investigate and discipline serving judicial officers. The association described the CCB’s action as a breach of constitutional provisions safeguarding judicial independence.
According to the association, media reports indicated that Justice Tsoho had been invited to appear before the Bureau to respond to allegations that he failed to declare several bank accounts in his asset declaration form, allegedly in breach of the Code of Conduct for Public Officers.
Describing the development as constitutionally troubling, the NBA argued that any investigative or disciplinary process initiated against a serving judge without prior recourse to the NJC would violate the doctrine of separation of powers enshrined in the 1999 Constitution.
Citing the Supreme Court’s decision in FRN v. Nganjiwa, the association stated that the apex court had unequivocally held that the NJC must first exercise disciplinary control over a serving judicial officer before any criminal or quasi-criminal proceedings can be commenced.
The NBA further contended that the summons issued to the Chief Judge could not be regarded as a “benign administrative interaction,” as it marked the commencement of a process capable of culminating in sanctions and therefore triggered constitutional safeguards designed to protect judicial independence.
“The involvement of the National Judicial Council is a constitutional condition precedent to any investigative or adjudicatory process against a serving judicial officer,” the letter stated.
The association warned that allowing the CCB or the Code of Conduct Tribunal to independently summon or try a serving Chief Judge would amount to an unconstitutional encroachment into the judicial sphere and could render such proceedings null and void.
Consequently, the NBA urged the CCB to withdraw the reported summons issued to Justice Tsoho and to forward any findings or concerns to the NJC for appropriate investigation and action.
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