# Chief Judge of Bayelsa State

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.
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 13 July 2023.

## 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;
* Hon. Justice K. D. Ungbuku (former Chief Judge of Rivers State),
* Hon. Justice F. F. Tabai, and others.
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.

## 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:
* Presiding over oral arguments before the court.
* Assigning who writes the court’s opinion when in the majority on a case.
* Setting the agenda for judicial meetings, including deliberations on petitions to decide whether to hear or deny cases.
* Overseeing the general administration of the judiciary to ensure efficient delivery of justice in the state.

### 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.

### 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 during the official inauguration ceremony.
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."
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.