Lagos AG Explains Proposed Magistrates Law Amendment, Says It Seeks to Address Career Progression Imbalance

 

Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has explained the rationale behind the proposed amendment to the Magistrates Law of Lagos State, saying the legislation is intended to address an unintended imbalance in career progression within the state’s justice sector.

Pedro, in a statement issued on Monday, said the proposed amendment, which seeks to increase the retirement age of Magistrates and Law Officers, is not an Executive Bill sponsored by his office but a Private Member’s Bill currently before the Lagos State House of Assembly.

He said the bill was considered to have reasonable justification in the interest of the state, particularly in strengthening and sustaining the justice sector.

According to him, the position of the Ministry of Justice is based on the long-standing policy of harmonising the conditions of service of Law Officers with those of Magistrates in Lagos State, a policy which has been in operation since 1997 following a government circular dated March 20, 1997.

The Attorney-General noted that similar arrangements exist in other states, citing Abia, Kogi, Benue, Imo and Kwara as examples.

He also pointed to Osun State, which, through Law No. 7 of 2023, assented to on December 15, 2023, increased the retirement age of officers involved in the administration of justice, including State Counsel and Court Registrars, to 65 years.

Pedro stressed that the proposal concerns Law Officers as a specialised professional cadre whose duties are integral to the administration of justice and should not be construed as an extension of retirement age for lawyers generally.

He explained that the proposed amendment became necessary following the constitutional extension of the retirement age of High Court Judges from 65 to 70 years.

According to him, the constitutional amendment has had an unintended effect on career progression within the lower judiciary and the Ministry of Justice because the number of vacancies on the High Court Bench has consequently reduced.

He said before the amendment, the regular retirement of High Court Judges at 65 created opportunities for experienced Chief Magistrates and senior Law Officers with the requisite qualifications and experience to progress to the High Court Bench.

“With the extension of the retirement age of High Court Judges to 70 years, the number of vacancies occurring on the High Court Bench has correspondingly diminished, thereby narrowing the traditional pathway through which experienced Chief Magistrates and senior Law Officers could progress,” he said.

The Attorney-General said the situation could result in experienced Chief Magistrates and senior Law Officers being compelled to retire at 60 despite having the expertise and capacity to continue contributing meaningfully to the justice system.

He said the proposed amendment was therefore designed to correct the disparity and establish a more coherent and sustainable career structure within the justice sector.

Pedro said the reform would help preserve institutional knowledge, strengthen continuity in the administration of justice and enable the state to derive greater value from its investment in the training and professional development of judicial and legal officers.

He further explained that the proposal was not simply about extending the service period of individual officers but was a structural response to the changed judicial environment created by the constitutional amendment.

He said the proposed legislation would also promote succession planning, mentorship and the transfer of institutional knowledge to younger judicial and legal practitioners.

According to the Attorney-General, the proposed provision would give officers discretion to retire at 60, while providing that they would cease to hold office upon attaining 65 years or completing 40 years in service, whichever comes earlier.

He urged members of the public to approach the debate over the proposed amendment with facts and a proper understanding of its legislative origin, rationale and policy context rather than emotion or sentiment.

Pedro maintained that the proposed amendment, if enacted, would promote fairness in career progression, retain valuable professional expertise and strengthen the administration of justice in Lagos State.