The Makurdi, Gboko, and Otukpo branches of the Nigerian Bar Association (NBA) in Benue State have sharply criticized the Code of Conduct Bureau’s (CCB) invitation of Chief Judge of the Federal High Court, John Tsoho, calling it unconstitutional and contrary to established judicial precedent.
In a joint statement released under the United Benue Bar, the branches condemned the CCB’s action against the Benue-born Chief Judge. The statement was signed 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 well-established that only the National Judicial Council (NJC) can investigate or discipline a serving judicial officer,” the statement read. “Any action taken outside the NJC’s purview violates judicial precedent and the rule of law.”
The lawyers cited the Supreme Court ruling in FRN v Nganjiwa and the Court of Appeal decision in Opene v NJC & Ors, emphasizing that no judicial officer can be investigated or prosecuted without first undergoing the NJC disciplinary process. They described the CCB’s invitation as an “aberration” of established authority.
Recalling the trial of former Chief Justice of Nigeria Walter Onnoghen, the NBA branches noted that the process adopted in that case led to his temporary removal from office before his eventual acquittal and full entitlements. They warned that the current move against Chief Judge Tsoho appears aimed at “unlawfully removing” him and could lead to a similar “predictable outcome.”
The NBA branches aligned with NBA President Afam Osigwe, SAN, who had previously condemned the invitation. While stressing they were not defending the Chief Judge personally, they insisted that any allegation against him must first be referred to the NJC.
Last month, reports indicated that Chief Judge Tsoho allegedly failed to declare multiple bank accounts in both naira and foreign currencies, in breach of the CCB and Tribunal Act. Following the findings, the CCB formally invited him to appear before it.
On Monday, Tsoho confirmed via a statement signed by the Federal High Court’s Director of Information, Catherine Christopher, that he would honour the invitation after completing medical treatment abroad.
The NBA’s national leadership has criticized the CCB, warning that the move undermines judicial independence and violates the separation of powers. In a March 2 letter to CCB chairperson Abdullahi Usman Bello, President Osigwe reiterated that a sitting judicial officer cannot be summoned by the CCB without first referral to the NJC, emphasizing the need to follow established disciplinary channels.