Benue Lawyers rally behind judicial independence, challenge CCB’s invitation of Federal High Court Chief Judge

By Adebayo Oguntimehi

The United Benue Bar — comprising the Makurdi, Gboko and Otukpo branches of the Nigerian Bar Association (NBA) — has strongly criticised the invitation extended to the Chief Judge of the Federal High Court, Justice John Tsoho, by the Code of Conduct Bureau (CCB), describing the move as unconstitutional and a threat to judicial independence.

In a joint statement issued on Tuesday and signed by the Chairmen of the three branches — Terna Yaji (Makurdi), Felix Zahemen Uwar (Gboko) and John Emmanuel Ojoh (Otukpo) — the association maintained that only the National Judicial Council (NJC) possesses the constitutional authority to investigate or discipline serving judicial officers.

“The Code of Conduct Tribunal lacks the constitutional authority to summon a sitting Chief Judge,” the statement declared.

“It is settled law, reaffirmed by a plethora of judicial authorities, that only the National Judicial Council can investigate or discipline serving judicial officers,” the lawyers noted.

Citing the Supreme Court decision in FRN v. Nganjiwa (2022) LPELR-58066(SC), as well as the Court of Appeal ruling in Opene v. NJC & Ors (2023) LPELR-60656(CA), the lawyers argued that no serving judicial officer can be subjected to investigation or prosecution without prior recourse to the NJC through the Chief Justice of Nigeria.

According to the United Benue Bar, the invitation of Justice Tsoho over alleged misconduct runs contrary to established judicial precedent and undermines the doctrine of separation of powers.

Describing the development as “an aberration of well-established authorities,” the association warned against what it termed a “sinister move” capable of eroding public confidence in the judiciary.

The statement recalled the case of former Chief Justice of Nigeria, Justice Walter Onnoghen, who was tried and removed from office by the Code of Conduct Tribunal over allegations of false asset declaration.

It noted that his appeal at the Court of Appeal resulted in a settlement with the Federal Government, leading to his acquittal and payment of his entitlements, though he had already vacated office.

“It is our considered view that the Rule of Law must prevail. The proper procedure is to first refer any allegation against a serving judicial officer to the National Judicial Council for investigation and appropriate recommendation,” the lawyers stated.

While clarifying that they were not defending the Chief Judge personally, the branches emphasised their commitment to upholding constitutional order and due process.

“We do not hold brief for the Chief Judge of the Federal High Court, but we insist that due process must be followed in line with constitutional provisions,” the statement added.

The United Benue Bar also aligned itself with the stance of the NBA President, Mazi Afam Osigwe, SAN, who had earlier condemned the invitation.