Chief Judge of Bayelsa State

Last updated

Chief Judge of Bayelsa State
Incumbent
Hon. Justice M. A. Ayemieye
since 13 July 2023
Bayelsa State Judiciary
Style My Lord
(Informal)
The Honorable
(Formal)
Your Lordship
(When addressed directly in court)
Nominator Governor of Bayelsa State
AppointerNominated by Bayelsa State Governor with confirmation from the Bayelsa State House of Assembly
Term length 4 years
Constituting instrumentNigerian Constitution
Inaugural holderHon. Justice K. D. Ungbuku, OFR
Formation1 October 1996
(28 years ago) (1996-10-01)

The Chief Judge of Bayelsa State is the head of the Bayelsa State Judiciary, which is the judicial arm of the Bayelsa State Government, as well as the chief judge of the High Court of Bayelsa State. The appointment is made by the Governor of Bayelsa State through a nomination to the Bayelsa State House of Assembly, upon the recommendation of the National Judicial Council through the Bayelsa State Judicial Service Commission.

Contents

Section 271(1) of the Nigerian Constitution stipulates that "The appointment of a person to the office of the Chief Judge of a State shall be made by the Governor of the State on the recommendation of the National Judicial Council, subject to the confirmation of the appointment by the House of Assembly of the State."

The current Chief Judge of Bayelsa State is Hon. Justice Matilda Abrakasa Ayemieye, who assumed office on 13th July 2023. [1]

History

The Bayelsa State Judiciary was established in 1996 following the state's creation from Rivers State. Initially, the judiciary consisted of six High Court Judges, including;

The first Chief Registrar was L. M. Boufini Esq., who previously served in the Rivers State Judiciary.

At its inception, eight magistrates from Rivers State were transferred to Bayelsa, including Margaret Akpomiemie Esq. and Kate Abiri Esq. The judiciary initially operated two divisions—Brass and Yenagoa—and later added the Sagbama division in 1997. By 2001, five additional divisions were established: Nembe, Ogbia, Oporoma, Amassoma, Kaiama, and Ekeremor, with designated places of session across the state.

The magisterial districts also expanded over time. Initially, there were three districts—Brass, Yenagoa, and Sagbama. As of 2023, this number had grown to 13, including districts in Kaiama, Ekeremor, and Aleibiri. Similarly, the number of customary court areas increased from eight to include new areas such as Emeyal, Anyama, and Okolobiri.

The judiciary began with 259 judicial and non-judicial staff transferred from Rivers State. Over the years, about 31 judges have been appointed to the High Court and Customary Court of Appeal, with several advancing to the Court of Appeal and the Supreme Court. Approximately 40 magistrates have also been appointed, some of whom now serve as judges at the federal level. A notable development occurred in 2007 with the creation of the Customary Court of Appeal, marking a significant milestone in Bayelsa’s judicial progress. [2]

Powers and duties

The Chief Judge serves as the highest-ranking judicial officer in Bayelsa State. The role combines judicial and administrative responsibilities, acting as the head of the judicial branch and spokesperson for the judiciary. Key duties include:

Superiority

The Chief Judge holds the most superior position in the judiciary of Bayelsa State, independent of years of service in the High Court. The Chief Judge chairs judicial conferences where cases are discussed and voted upon by other judges. As the chairperson, the Chief Judge often speaks first during deliberations, framing the discussions and influencing decisions.

The Chief Judge also serves as the chairman of the Bayelsa State Judicial Service Commission, which is responsible for judicial appointments, promotions, and discipline within the state. [3]

Oath of office

The Chief Judge of Bayelsa State plays a crucial role in the swearing-in of key government officials. As mandated by the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Chief Judge is responsible for administering the Oath of Office to the Governor [4] during the official inauguration ceremony. [5]

Chapter 6, Part 2, Section 185 of the Constitution states that: "The Oath of Allegiance and the Oath of Office shall be administered by the Chief Judge of the State or, where applicable, the Grand Kadi of the Sharia Court of Appeal of the State, the President of the Customary Court of Appeal of the State, or any other designated official authorized to perform such functions in the absence of these judicial officers." [6]

This provision ensures that the swearing-in process is conducted by a high-ranking judicial officer, reinforcing the legal and constitutional legitimacy of the officeholder’s mandate.

In cases where the Chief Judge or the President of the Customary a court of appeal are both unavailable due to illness or incapacitation, the Attorney General may administer the oath of office to the Governor. Similarly, the Attorney General usually administers the oath of office during the Chief Judge’s own inauguration. Additionally, the Chief Judge of a state administers the oath of office to newly appointed and confirmed judges and judicial officers within the state judiciary. [7]

See also

List of chief judges

Source: Bayelsa State Judiciary

NameRemarks
Justice K. D. Ungbuku (1996 – 2003)Inaugural Chief Judge
Justice F. K. C. Peters-Amain (October, 2001)Acting Chief Judge
Justice E. J. Igoniwari (2003 – 2006)Chief Judge
Justice M. I. Akpomiemie (2006 – March 2008)Acting Chief Judge
Justice Kate Abiri (CON) Life Bencher, DSSRS (2008 – 2023)Chief Judge
Justice M. A. Ayemieye (16th Jan 2003 – 13th July 2023)Acting Chief Judge
Justice M. A. Ayemieye (13th July, 2023 – till date) [8] Chief Judge

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References

  1. ↑ Igoni, Daniels (14 July 2023). "Diri swears in Bayelsa new chief judge". Punch Newspapers. Retrieved 28 January 2025.
  2. ↑ "About Us". Bayelsa State Judiciary. Retrieved 28 January 2025.
  3. ↑ Willie, B (18 September 2024). "Stop disrespecting judges, Bayelsa CJ warns lawyers - Daily Trust". Daily trust news. Retrieved 28 January 2025.
  4. ↑ Administrator, Web (19 February 2024). "SWEARING-IN CEREMONY OF HIS EXCELLENCY, SENATOR DOUYE DIRI AND HIS DEPUTY AS GOVERNOR AND DEPUTY GOVERNOR OF BAYELSA STATE". Bayelsa State Judiciary. Retrieved 29 January 2025.
  5. ↑ Constitution, Nigerian (29 March 2014). "Chapter 6. Part 2. Section 185. Declaration of assets and liabilities;" . Retrieved 29 January 2025.
  6. ↑ "Constitution of the Federal Republic of Nigeria". www.nigeria-law.org. Retrieved 29 January 2025.
  7. ↑ "Imo State Judiciary - Justice Chukwudifu Oputa High Court, off Port Harcourt Road, New Owerri Imo State". imojudiciary.gov.ng. Retrieved 29 January 2025.
  8. ↑ Aworinde, Oluwatobi (13 July 2023). "Gov Diri Swears In Fourth Chief Judge In Bayelsa". Channels Television. Retrieved 28 January 2025.
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