By Peter Duru, Makurdi

The United Benue Bar, comprising the Makurdi, Gboko and Otukpo branches of the Nigerian Bar Association (NBA), has faulted the invitation of the Chief Judge of the Federal High Court, Justice John Tsoho, by the Code of Conduct Bureau (CCB), insisting that the action contravenes established constitutional provisions and judicial precedents.

In a joint statement issued Wednesday by the Chairmen of the three branches, Terna Yaji (Makurdi), Felix Uwar (Gboko) and John Ojoh (Otukpo),  the lawyers expressed “serious concern” over the development, arguing that only the National Judicial Council (NJC) has the authority to investigate or discipline a serving judicial officer.

“The Code of Conduct Tribunal lacks the constitutional authority to summon a sitting Chief Judge. It is settled law, reiterated by a plethora of judicial authorities, that only the National Judicial Council can investigate or discipline serving judicial officers,” the statement read.

The group cited the Supreme Court decision in FRN v. Nganjiwa (2022) LPELR-58066(SC) and the Court of Appeal ruling in Opene v. NJC & Ors (2023) LPELR-60656(CA) as affirming that a judicial officer cannot be subjected to investigation or prosecution without first recourse to the NJC through the Chief Justice of Nigeria.

According to the statement, the invitation of Justice Tsoho over alleged misconduct amounts to “an aberration of well-established authorities” and undermines the doctrine of separation of powers.

The United Benue Bar also referenced 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. They noted that his appeal at the Court of Appeal later resulted in a settlement with the Federal Government, leading to his acquittal and payment of entitlements.

“It would be recalled that the same scenario ensued during the tenure of Justice Walter Onnoghen,” the statement noted, describing the current development as “a sinister move to unlawfully remove the Chief Judge of the Federal High Court.”

The association further alleged that the action appears aimed at achieving “a predictable outcome” and warned against any move that could undermine judicial independence.

While clarifying that it does not “hold brief” for Justice Tsoho, the United Benue Bar stressed that due process should be followed.

“It is our position that the Rule of Law must prevail by first referring the allegations to the NJC for investigation and possible recommendation. If he is found to have breached the Code of Conduct for Judicial Officers, the necessary recommendation can then be made,” they stressed.

The lawyers aligned themselves with the position supposedly expressed earlier by the NBA President, Mazi Afam Osigwe, SAN, who also condemned the invitation.