The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has moved to calm growing controversy over a proposed amendment to the state’s Magistrates Law, explaining that the bill is aimed at preventing the loss of experienced justice-sector personnel and correcting an imbalance created by the extension of the retirement age of High Court judges.
Pedro
Pedro, in a statement on Monday, clarified that the proposed amendment before the Lagos State House of Assembly is not an Executive Bill and was not sponsored by his office.
He said it is a Private Member’s Bill which is currently undergoing legislative consideration after being found to have reasonable justification in the interest of the state, particularly in strengthening and sustaining the justice sector.
At the heart of the proposed amendment is the retirement age of Magistrates and Law Officers, a matter that has generated public debate over whether extending their service would amount to granting lawyers a special privilege.
But the Attorney-General said the proposal concerns Law Officers as a specialised professional cadre involved in the administration of justice and not lawyers generally.
He explained that Lagos has operated a policy of harmonising the conditions of service of Law Officers with those of Magistrates since 1997, following a government circular issued on March 20 of that year.
Pedro also pointed out that Lagos is not alone in adopting such a policy, noting that states including Abia, Kogi, Benue, Imo and Kwara have made similar legislative provisions.
Why the retirement age is now an issue
According to the Attorney-General, the proposed amendment became necessary following a change in the retirement age of High Court judges.
The Fifth Alteration (No. 37) Act 2023 amended Section 291(1) of the 1999 Constitution, raising the retirement age of High Court judges from 65 to 70 years.
While the change was designed to keep experienced judges on the Bench for longer and preserve institutional knowledge, Pedro said it has produced an unintended effect lower down the judicial career ladder.
Before the change, High Court vacancies occurred more regularly as judges retired at 65. This created opportunities for experienced Chief Magistrates and senior Law Officers to progress to the High Court Bench.
With judges now able to remain in office until 70, those vacancies have reduced.
The result, Pedro explained, is that some Chief Magistrates and senior Law Officers could reach the age of 60 and retire without the same opportunities for progression that existed under the former system.
For the officers affected, the issue is not simply about staying in employment for another five years. It could mean losing valuable years in which their experience could still benefit the justice system—and losing a traditional pathway to the High Court.
A chance to keep experience within the justice system
The proposed reform is therefore being presented as a way of keeping experienced hands within the justice system for longer while creating a more balanced career structure.
Pedro said retaining such officers could also help the state preserve institutional knowledge, mentor younger judicial and legal practitioners, strengthen succession planning and maximise the investment already made in their training and professional development.
He stressed that the proposal should not be viewed simply as an extension of individual officers’ working lives, but as a structural response to the changed judicial environment.
Under the proposed provision, a Magistrate or Law Officer may retire at 60, but would cease to hold office upon attaining 65 years of age or completing 40 years in service, whichever comes earlier.
This means the proposed arrangement would provide an option for officers who wish to continue serving while setting an upper limit on their tenure.
Lagos says debate should be based on facts
Pedro urged Lagosians to assess the proposal on the basis of its legislative origin, purpose and policy context rather than emotion or sentiment.
He cited Osun State as an example, noting that its Law No. 7 of 2023, assented to on December 15, 2023, raised the retirement age of officers involved in the administration of justice, including State Counsel and Court Registrars, to 65 years.
The Lagos Attorney-General said the proposed amendment is ultimately about maintaining a justice system that can retain experienced personnel while making room for younger officers through proper succession planning.
He added that whether the reform is eventually achieved through one law or separate legislation for Magistrates and Law Officers, its objective remains the same: to create a more coherent, stable and sustainable justice system for Lagos State.
For ordinary Lagosians who depend on the courts for justice, the debate may appear technical. But behind the legal language is a simple question: how does Lagos keep experienced people in the justice system long enough to pass their knowledge to the next generation without blocking the path for younger officers?
That, according to the Attorney-General, is the problem the proposed amendment seeks to address.
