The Chief Judge of the Federal High Court, John Terhemba Tsoho, has allegedly breached Nigeria’s Code of Conduct law by failing to declare some of his bank accounts in his asset declaration form, according to a month-long investigation by Premium Times.
Documents examined and interviews conducted by the newspaper indicate that in the asset declaration form submitted to the Code of Conduct Bureau on 29 April 2024, Justice Tsoho did not list several bank accounts, both naira and domiciliary, as required by law.
Findings show that he allegedly failed to disclose three accounts domiciled with United Bank for Africa: 3000087154, 3000201901, and 3000075689.
He was also said not to have declared account number 1756816871, domiciled with Access Bank.
Under Nigeria’s Code of Conduct regime, public officers are mandated to fully disclose all assets, including bank accounts and the funds held in them.
Non-disclosure or false declaration constitutes a breach of the law and may attract severe sanctions, including removal from office.
It remains uncertain whether these findings will prompt investigations by the Code of Conduct Bureau or other anti-corruption agencies.
Justice Tsoho did not answer or return multiple calls seeking his comment for the report.
He also did not respond to a message informing him of the findings and requesting 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.
Echoes of the Onnoghen case:
Any conviction for false asset declaration would likely draw comparisons with the case of Walter Onnoghen, 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 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 Chief Justice and the federal government.
Profile of Justice Tsoho
Justice Tsoho was first appointed acting Chief Judge of the Federal High Court on 26 July 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 30 October 2019, and the Senate confirmed him on 5 November 2019.
Born on 24 June 1959 in Mbaduku, Vandeikya Local Government Area of Benue State, he attended St. Anthony’s Primary School, Chenge-Mbaduku, and St. Michael’s Secondary School, Aliade.
He 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, according to his biodata on the website of the National Judicial Council.
He joined the Benue State Judiciary in 1986 and rose from Magistrate Grade II to Chief Magistrate Grade I.
In 1998, he was sworn in as a Judge of the Federal High Court, serving until his elevation as Chief Judge in 2019.
Justice Tsoho has faced previous controversies, although past allegations remain unproven.
In November last year, critics alleging underhand dealings faulted him after he reassigned a receivership case between FBNQuest Merchant Bank/First Trustees and the Nestoil Group.
In June 2023, some anti-corruption activists expressed concern after Justice Tsoho declined to grant an order detaining Godwin Emefiele, the then governor of the Central Bank of Nigeria, who was under investigation at the time.
On his publicly available profiles, Justice Tsoho’s birth year is listed as 1959. However, some critics have alleged age falsification, claiming he was born in 1955.
If proven, such an allegation could lead to prosecution for forgery under Section 363 and punishment under Section 364 of the Penal Code Laws of the Federation.
The report comes amid heightened scrutiny within the judiciary.
The National Judicial Council, chaired by the Chief Justice of Nigeria, Kudirat Kekere-Ekun, has reportedly commenced a discreet but extensive probe into allegations involving some senior judges, including false asset declarations.
Sources indicated that the investigations were triggered by “damning and disturbing petitions” against unnamed judicial officers.
Justice Kekere-Ekun has pledged sweeping reforms aimed at restoring transparency, integrity and public confidence in the judiciary.
Since assuming office, the NJC has compulsorily retired and sanctioned several judges for misconduct.
As of the time of filing the report, it remains unclear whether the allegations against Justice Tsoho will result in formal investigations or proceedings before the Code of Conduct Bureau or Tribunal.
