Lagos AG Explains Proposed Magistrates Law Amendment, Says Reform Targets Career Stagnation

Pedro: Retirement Age Bill Seeks to Address Reduced High Court Vacancies, Preserve Institutional Experience

Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has clarified the controversy surrounding the proposed amendment to the state’s Magistrates Law, saying the initiative is aimed primarily at addressing career stagnation within the lower judiciary and the Ministry of Justice.

Pedro, in a statement issued on Monday, said the bill currently before the Lagos State House of Assembly was introduced as a Private Member’s Bill, rather than an executive bill, although the Ministry of Justice supports its objectives.

The proposed legislation seeks to raise the retirement age of Magistrates and Law Officers from the current 60-year threshold, subject to specific conditions.

According to the Attorney-General, the development that triggered the reform was the Fifth Alteration (No. 37) Act, 2023, which increased the mandatory retirement age of High Court judges from 65 to 70 years.

While acknowledging the benefits of retaining experienced judges, Pedro said the constitutional amendment has had an unintended impact on the career progression of senior Magistrates and Law Officers.

He explained that the extended tenure of High Court judges has resulted in fewer vacancies on the High Court Bench, thereby reducing opportunities for experienced Chief Magistrates and senior Law Officers to progress to higher positions.

“The extension of the retirement age of High Court Judges has had a consequential effect on the career progression structure within the lower judiciary and the Ministry of Justice.”

Pedro said the proposed amendment should therefore be viewed as a policy response to an emerging structural challenge, rather than as a measure designed to confer special privileges on legal practitioners in government service.

He also explained that the proposal builds on Lagos State’s long-standing 1997 harmonisation policy, which aligned the conditions of service of Law Officers with those of Magistrates.

The Attorney-General noted that similar arrangements exist in several other states, including Abia, Kogi, Benue, Imo, Kwara and Osun.

He cited Osun State as an example, noting that it enacted legislation in December 2023 raising the retirement age for certain judicial administration officers, including state counsel, to 65 years.

What the Proposed Law Provides

Under the proposed framework:

• Optional retirement: Officers may elect to retire upon attaining 60 years.
• Mandatory retirement: Officers must retire upon attaining 65 years or completing 40 years of service, whichever comes first.

Pedro argued that the proposed arrangement would provide experienced personnel with additional years to contribute to the justice system while creating opportunities for mentorship and knowledge transfer to younger lawyers.

He maintained that retaining experienced Magistrates and Law Officers for a limited additional period would help preserve institutional knowledge and strengthen stability within Lagos State’s justice system.

The Attorney-General consequently urged members of the public, lawyers and other stakeholders to approach the ongoing debate with facts and objective analysis, rather than emotional or political interpretations.

The proposed amendment is currently before the Lagos State House of Assembly, where further legislative consideration and public de