NBA Criticizes CCB's Summons of Chief Judge Tsoho, Calls for Action Withdrawal

The Nigerian Bar Association (NBA) has officially contested the summons directed at Chief Judge of the Federal High Court, Honourable Justice John Tsoho, by the Code of Conduct Bureau (CCB) over supposed undeclared bank accounts. The NBA warned that such actions erode judicial independence and infringe upon the separation of powers doctrine.

In a strongly-worded letter dated March 2, 2026, addressed to the Chairman of the CCB, NBA President Mazi Afam Osigwe, SAN, contested that the bureau does not possess the constitutional authority to summon a sitting chief judge.

The correspondence emphasized that only the National Judicial Council (NJC) has the power to investigate or discipline sitting judicial officers as stipulated in the amended 1999 Constitution.

Reports have surfaced suggesting that Tsoho was invited to respond to allegations of failing to declare specific bank accounts in his asset declaration form, purportedly violating the Code of Conduct for Public Officers.

Characterizing the situation as constitutionally perplexing, NBA stated that any inquiry or disciplinary action against a sitting judge without prior consultation with the NJC would breach the principles of separation of powers.

The letter referenced a Supreme Court ruling in FRN v. Nganjiwa (2022) 17 NWLR Pt 1860 407, clarifying that the NJC must exercise disciplinary authority over judicial officers before any criminal or semi-criminal proceedings can be initiated.

The NBA pointed out that the apex court had established that the NJC serves as “the ultimate guardian that safeguards the guardians of the constitution” and that judicial officers cannot be prosecuted for alleged misconduct related to their official duties without prior action from the NJC.

The association stated that any criminal proceedings conducted without NJC involvement would be unconstitutional and void.

Additionally, the NBA cited the views of Justices Ogunwumiju and Agim, who highlighted that executive attempts to summon, arrest, or prosecute judges without regard to the NJC compromise judicial independence, intimidate the judiciary, and infringe upon constitutional protections.

The NBA referred to the summons as more than just a routine administrative matter, asserting that it marks the beginning of a process that could lead to sanctions.

While the association acknowledged that issues stemming from purely personal conduct might be addressed directly by law enforcement, it stressed that allegations pertaining to judicial duties or professional misconduct related to office must first be evaluated by the NJC.

The NBA cautioned that any prosecution or investigation against a sitting chief judge without prior NJC consideration is premature and unconstitutional.

As a result, the NBA urged the CCB to retract the summons directed at Tsoho and instead direct any concerns to the NJC for proper investigation.

Moreover, the association suggested that the bureau expedite the digitalization of its asset declaration system, enabling public officials to seamlessly update their prior declarations through a secure online platform. This, they argued, would create an audit trail, minimize errors, provide automated reminders, and foster transparency while ensuring data integrity.

Quoting the Supreme Court decision in FRN v. Nganjiwa (2022) 17 NWLR Pt 1860 407, the NBA reiterated, “It is primarily the prerogative of the NJC to oversee disciplinary matters concerning all judicial officers. Therefore, any exercise of disciplinary control without prior NJC involvement undermines the separation of powers doctrine.”

The NBA also referred to statements from Justices Ogunwumiju and Agim, emphasizing the dangers posed to judicial independence from the initiation of criminal proceedings by executive agents against serving judicial officers without prior recourse to the NJC.

The letter stressed, “When allegations stem from judicial functions or professional misconduct connected to official duties, the NJC must first adjudicate before any further valid actions can take place.”

The NBA warned that allowing the CCB or the Code of Conduct Tribunal to act independently in investigating, summoning, or prosecuting Honourable Justice John Tsoho would disrupt the constitutional equilibrium by permitting an external body to initiate processes that should reside within the judiciary’s supervisory scope.

In closing, the NBA appealed for the CCB to retract the summons issued to Justice John Tsoho and to refer any allegations to the National Judicial Council for investigation and necessary actions to ensure the judicial branch’s independence is upheld.

The letter also advocated for the prompt digitalization of the asset declaration system to facilitate easy updates to declarations via a secure electronic portal, thereby minimizing administrative disputes regarding compliance timelines.

Copies of this correspondence have been distributed to the Chief Justice of Nigeria, the Attorney-General of the Federation and Minister of Justice, as well as to Tsoho.