No, Her Lordship

Governor Sylva of Bayelsa.

Disaffection continues to trail the re- appointment, for the third-time, of a female non-indigene as acting Chief Judge of Bayelsa State
 By Lawson Heyford, Yenagoa
Mounting confrontations in the form of yet another war is looming in Bayelsa State. But this time, it is not likely to be a battle between the state government and the dreaded militants that have held the Niger Delta region captive for quite sometime now. Rather, it is a possible log-jam between two arms of government in the state – the executive and the judiciary. The problem between these arms of government is over who becomes the next Chief Judge (CJ) of Bayelsa State, sequel to the appointment and re- appointment for the third consecutive time, of a female member of the bench and a non- indigene of Bayelsa as the acting CJ of the state.
The position of State Chief Judge became vacant following the death of the former Chief Law Officer of the state, Justice Emmanuel Igoniwari. Igoniwari, who was appointed the CJ by the former Governor of the State, Chief Diepriye Alamieyeseigha, took ill last September and died in Cape Town , South Africa on May 6, this year. The then State Governor, Dr. Goodluck Jonathan, had appointed and sworn-in Justice Margaret Akpomiemie as the acting CJ of the state in November 2006, being the most senior Judge in the state after Igoniwari.
Her appointment received the approval of the National Judicial Council (NJC).
Akpomiemie’s appointment as acting CJ for a period of three months expired on February 10, 2007. Jonathan, still as governor extended her tenure but this also expired on May 10 while the second extension of tenure elapsed on August 10. The new State Governor, Chief Timipre Sylva, who inherited Akpomiemie’s second extension, re- appointed her for the third time still, on acting capacity, based on the approval of the NJC. The current and perhaps last extension is expected to expire on November 10, 2007.
With three months ahead for Akpomiemie’s acting tenure to lapse, there has been rumblings amongst the people of the state, especially members of the Nigerian Bar Association (NBA), Yenagoa Branch, as to whether she will eventually become the substantive Chief Judge of the state, or whether another Judge will eventually step into Igoniwari’s shoes. And, if so who would the person be.
In the judiciary hierarchy in Bayelsa, Akpomiemie and Justice Kate Abiri are the two judges next to the late CJ of the state. While Akpomiemie is of Urhobo extraction in Delta State – both by birth and marriage – Abiri comes from Ekeremor in Ekeremor Local Government Area of Bayelsa State. They were both sworn-in as High Court Judges of Bayelsa State a few months after they moved over from Rivers State following the creation of Bayelsa on October 1, 1996.
The Source learnt that Akpomiemie, who along with Abiri were Chief Magistrates in the old Rivers State Judiciary, accepted to transfer her service to Bayelsa State in response to the  plea of Justice David Koripamo Ungbuku, the pioneer CJ of Bayelsa State .
But about 11 years after Akpomiemie joined the state's judicial service, lawyers opposed to her appointment as the acting CJ of the state and likely appointment as the substantive CJ, discovered she is a non-indigene of the state. The lawyers under the auspices of the NBA seem to prefer Abiri who is listed next to Akpomiemie in the state's judiciary, pointing out the danger inherent in the confirmation of Akpomiemie as the substantive CJ of the state.
The NBA in newspaper advertorials and press statements talked about the constitutional duties and powers of state CJ's as representing their state at state and national institutions as the Body of Benchers, the National Judicial Council (NJC) and the National Judicial Institute, as well as serving as chairman in the State Judicial Service Commission.
According to the State Chairman of the NBA, Ebiyerin Omukoro, the-appointment of Akpomiemie in acting capacity for the third consecutive term was against the provisions of  section 27 of the 1999 Constitution which limits such appointment to only two terms of three months each. Besides, Omukoro said the further extension of Akpomiemie’s appointment, in acting capacity, beyond August 2007 or the confirmation of her appointment as the substantive CJ of Bayelsa would be a total violation of the principle of federal character as enshrined in the constitution.
Contending that Akpomiemie’s appointment would not promote a sense of belonging and loyalty amongst Bayelsans, the NBA said it would rather deny the state of an indigenous representative in some state and national bodies. The lawyers contend that her appointment would increase to six, the number of Delta State representatives in the NJC, already having five members, including the president, Court of Appeal, two Supreme Court Judges, the Chief Judge of Delta and a Senior Advocate of Nigeria (SAN), representing the Body of Benchers.
It is in this regard that the NBA is appealing to both the NJC and the state governor to consider the appointment of Abiri as the substantive Chief Judge so as to serve the interest of Bayelsa.
For staffers of the state judiciary under the aegis of the Judiciary Staff Union of Nigeria, Bayelsa State Chapter, they explained that in their resolve to “uphold the rule of law and truth at all times”, they would work in favour of the next most senior indigene of Bayelsa State, and if the order of hierarchy and merit should be considered for the post, “this places Kate Abiri at an advantage.”
But the state government in reaction to the various insinuations over the appointment of a substantive Chief Judge, vowed that it would not be “stampeded into making any appointment that could satisfy the whims and caprices of a section of the people of the state.”
Dr. George Fente, Special Adviser to Governor Sylva on Political Matters, said in a statement that the government would not succumb to any threat or unnecessary sentiment to do what would not be in the best interest of Bayelsans.
Sensing that the sentiments of the NBA and other such groups could cause confusion in the state, Fente advised lawyers in the state not to create the impression of disagreement between the executive and judicial arms of government, explaining that the action of the state government, so far, was based on the relevant sections of the constitution.
The Special Adviser was angry at the introduction of ethnic sentiments into the matter and wondered why the NBA never reacted to Akpomiemie’s appointment as a Judge in the state judiciary in the past 10 years that she had been in its service.
Most interesting in the government’s position on the controversy, is its acceptance that such an appointment is “political”. Going by this, therefore, The Source learnt that Abiri, who is said to be a  cousin of the State’s Deputy Governor, Peremobowei Ebebi, for  political reasons, may not be favoured in the appointment of a substantive Chief Judge. The odds are definitely working in favour of Akpomiemie or the third most senior Judge in the state.  But Bayelsans are becoming increasingly restive over this appointment and the earlier something is done, the better for the enhancement of judicial process in the state.