The Judiciary is the Third Arm of the Government of the State. It's history is intertwined with the historical evolution of the State. In 1914 the Southern and Northern parts of Nigeria were amalgamated as one Country by Lord Lugard. By order made under the Nigeria (Constitution) Order in Council No. 47 of 1951 and the Public Notice No. 118 of 1951, the existing Province of Eastern, Northern and Western Nigeria were changed into Regions. In 1954 by the Nigeria (Constitution) Order in Council 1954, Nigeria became a Federation comprising of three separate Regions, namely Northern, Western, and Eastern Regions with Lagos constituting the Federal Territory.
Mid-Western part was an integral constituent of the Western Region. That integral constituent, which consisted of the old Benin and Delta provinces was excised from the Western Region in 1963 by the Mid-West Region (Transitional provisions) Act No. 19 of1963 which came into force on 12th August of that year. Each of the National Regions had her Regional Constitutions enacted by S. 2 of the Nigeria (Constitution) Order in Council, 1960. This arrangement was repeated in the 1963 Republican Constitution. So when the Mid-Western Area of the Western Region was excised, it became necessary to pass a special Act of parliament to empower the newly created Region with her Constitution. This gave birth to the Constitution of Mid-Western Nigeria Act, 1964. It was passed and came into Force on 7th February 1964. In 1967, the States (Creation and Transitional provisions) Act No. 103 of 1967 created twelve states constituting the Area of the former Mid-Western Region into a State without alteration of its landmass.
All existing laws, especially the State Constitutions continued with neccessary modifications in full force. On third February 1976 the States (Creation and Transitional Provisions) Decree No 12 of1976 created 19 States and changed name from Mid-Western State to Bendel State. That amendment was enacted in S. 3 of the Constitution of tlze Federal Republic of Nigeria, 1979. On 27th August 1991, Delta State was created with eight other new States of Abia, Anambra, Jigawa, Kebbi, Kogi, Osun, Taraba and Yo be by Section 1 (1) of the States (Creational and Transitional Provisions) (No.2) Decree No. 41 of 1991 In this evolutionary growth the Federal and Regional Constitutions mad adequate provisions for the creation, powers and functions and continuance where necessary, of the judiciary. Thus the Judiciary in the States can be said to be the oldest and most permanent Arm of Government in any of the States of the Federation.