Legal scholar and former Chairman of the National Human Rights Commission, Prof. Chidi Anselm Odinkalu, has stated that judges in Nigeria are not immune from investigation, emphasizing that holding judicial office does not shield anyone from accountability.
Odinkalu made this remark in response to the ongoing investigation of the Chief Judge of the Federal High Court, Justice John Tsoho, by the Code of Conduct Bureau (CCB) over allegations of undeclared assets.
According to reports, Tsoho is being investigated for allegedly failing to declare several bank accounts, including those held in both local and foreign currencies, which may constitute a violation of Nigeria’s Code of Conduct laws.
In his commentary, Odinkalu referenced past cases where judges were investigated and tried despite their positions. He cited the 1985 murder trial of Justice Donald Ikomi of Bendel State and the 1986 trial and eventual acquittal of Justice Paul Anyebe of Benue State. These cases, he said, demonstrated that judicial officers have previously been held accountable for serious allegations.
However, the investigation has sparked controversy within the legal community. The Nigerian Bar Association (NBA) has argued that the Code of Conduct Bureau lacks the constitutional authority to summon or investigate a sitting Chief Judge.
NBA President Afam Osigwe (SAN) reportedly wrote to the CCB insisting that only the National Judicial Council (NJC) has the constitutional power to investigate or discipline serving judicial officers. Some NBA branches also supported this position.
Odinkalu rejected that claim, arguing that the constitution clearly empowers the Code of Conduct Bureau to verify and investigate asset declarations made by public officials, including judges. According to him, the NJC’s role is mainly disciplinary, while the CCB has the authority to conduct investigations.
He also cited a 2002 Supreme Court decision arising from a case filed by Chief Gani Fawehinmi, which he said supports the position that claims of immunity cannot override the power of investigation.
While stressing the importance of accountability in the judiciary, Odinkalu warned against repeating the controversial 2019 removal of former Chief Justice Walter Onnoghen, saying the process used then should not serve as a model for ensuring judicial accountability.
He concluded that the constitution does not create any immunity for judges from investigation and that the idea of shielding judicial officers from scrutiny is inconsistent with both the law and the principles of accountability.
