The ongoing scrutiny in the nation’s judicial sector by the National Judicial Council is expected to unravel and unveil some ugly and unprofessional conduct amongst judicial officers.
Already, the searchlight seems to be pointed at the direction of the Chief Justice of the Federal High Court, Justice John Terhemba Tsoho, whose deeds are now being scrutinised.
Justice Tsoho according to findings by PREMIUM TIMES, is alleged to have violated the Nigeria’s Code of Conduct law for failing to declare some of his bank accounts in his asset declaration form.
The documents reviewed and interviews conducted by this PREMIUM TIMES indicated that in his asset declaration form which he completed and submitted to the Code of Conduct Bureau on April 29, 2024, Justice Tsoho did not disclose several bank accounts (naira and domiciliary) as required by law.
Further findings indicate that he particularly failed to declare three separate accounts domiciled with United Bank for Africa, namely 3000087154, 3000201901, and 3000075689.
Checks also showed that Justice Tsoho did not also disclose his ownership of account number 1756816871, domiciled with Access Bank.
Under the Nigeria’s Code of Conduct regime, public officers are required to fully disclose all assets, including bank accounts and the funds held in them as non-disclosure or false declaration constitutes a breach of the law and could attract severe sanctions, including removal from office.
It however, remains unclear if the findings on this matter would trigger investigations by the Code of Conduct Bureau and other Nigerian anti-corruption agencies.
Justice Tsoho did not answer or return multiple calls seeking his comment for this report, just as he did not respond to a message informing him of PREMIUM TIMES findings and request for clarification.
What the law says
Section 15 of the Code of Conduct Bureau and Tribunal Act mandates every public officer to declare all properties, assets and liabilities immediately after taking office and thereafter at specified intervals. The provision also states that any statement in a declaration found to be false shall be deemed a breach of the Act.
The law further provides that any asset acquired after a declaration and not reasonably attributable to legitimate income, gifts, or approved loans shall be presumed to have been unlawfully acquired unless the contrary is proved.
If found guilty by the Code of Conduct Tribunal, Justice Tsoho could face removal from office, disqualification from holding public office for up to 10 years, and forfeiture of improperly declared assets.
The Tribunal’s powers include ordering the vacation of office and the seizure of property acquired in the abuse or corruption of office. Its decisions are appealable to the Court of Appeal.
Tsoho and echoes of the Onnoghen case.
A conviction for false asset declaration would draw parallels with the case of Walter Onnoghen, the former Chief Justice of Nigeria, who was convicted and removed from office by the Code of Conduct Tribunal on 18 April 2019 for failing to declare some of his bank accounts.
The tribunal had ordered the forfeiture of five bank accounts belonging to Mr Onnoghen. However, on 4 November 2024, the Court of Appeal reversed his conviction following a settlement agreement between the former CJN and the federal government.
The man John Tsoho
Justice Tsoho was first appointed acting Chief Judge of the Federal High Court on July 26, 2019 by the then Chief Justice of Nigeria, Tanko Muhammad. On 23 October 2019, the National Judicial Council recommended him to President Muhammadu Buhari for substantive appointment. The president approved the recommendation on October 30, 2019, and the Senate confirmed him on November 5, 2019.
Born on June 24, 1959 in Mbaduku, Vandeikya Local Government Area of Benue State, Justice Tsoho attended St. Anthony’s Primary School, Chenge-Mbaduku, and St. Michael’s Secondary School, Aliade. He later obtained an LLB (Hons) from the University of Lagos in 1984 and was called to the Nigerian Bar in 1985 after attending the Nigerian Law School, Lagos.
His biodata on the website of the National Judicial Council says; he joined the Benue State Judiciary in 1986 and rose through the ranks from Magistrate Grade II to Chief Magistrate Grade I. In 1998, he was sworn in as a Judge of the Federal High Court, a position he held until his elevation as Chief Judge in 2019.
Justice Tsoho is not without controversy, although past allegations against him remain unproven. In November last year, critics alleging underhand dealings attacked him after he suddenly reassigned a receivership case between FBNQuest Merchant Bank/First Trustees and the Nestoil Group.
Earlier in June 2023, some Nigerian anti-corruption activists said they suspected foul play after Justice Tsoho declined to grant an order detaining Godwin Emefiele, the then-governor of the Central Bank of Nigeria, who was under investigation.
On his publicly available profiles, Justice Tsoho’s birth year is given as 1959. But some critics are accusing him of age falsification, claiming he was born in 1955. If this allegation is proven, the judge could be prosecuted for forgery under Section 363 and punished under Section 364 of the Penal Code Laws of the Federation.
Wider scrutiny in the judiciary
Further findings on Justice Tsoho come amid heightened scrutiny within the judiciary. As recently reported by PREMIUM TIMES, the National Judicial Council, chaired by the Chief Justice of Nigeria, Kudirat Kekere-Ekun, has commenced a discreet, but extensive probe into allegations involving some senior judges, including false asset declarations.
Sources said the ongoing investigations were triggered by “damning and disturbing petitions” against unnamed judicial officers.
Justice Kekere-Ekun had pledged sweeping reforms to restore transparency, integrity and public confidence in the judiciary. Since assuming office, the NJC has compulsorily retired and sanctioned several judges for misconduct.
Whether the allegations against Justice Tsoho will lead to investigations and later proceedings before the Code of Conduct Bureau or Tribunal, remains unclear.
…Source: PREMIUM TIMES with exception of headline
