— AG says reform seeks to address career stagnation, retain experienced justice officers
By Kayode Olopade
Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro, SAN, has clarified that the proposed amendment to the Magistrates Law of Lagos State, currently before the State House of Assembly, is not an Executive Bill sponsored by his office.
Pedro, in a statement issued on Monday, said the proposal is a Private Member’s Bill which, having been considered to have reasonable justification in the best interest of the State, particularly in strengthening and sustaining the justice sector, is presently before the Assembly for legislative consideration.
The Attorney-General said the proposed amendment seeks to increase the retirement age of Magistrates and Law Officers, stressing that the initiative is consistent with the long-standing policy of harmonising the conditions of service of Law Officers with those of Magistrates in Lagos State.
According to him, the policy has been implemented since 1997 pursuant to a Government Circular dated March 20, 1997.
He explained that the harmonisation of the conditions of service of Law Officers with those of Magistrates is not peculiar to Lagos State, noting that other states, including Abia, Kogi, Benue, Imo and Kwara, have enacted legislation to give effect to similar arrangements.
Pedro further cited Osun State Law No. 7 of 2023, assented to on December 15, 2023, which increased the retirement age of officers involved in the administration of justice, including State Counsel and Court Registrars, to 65 years.
The Commissioner urged Lagosians to support the proposed legislative intervention, whether effected through a single piece of legislation or separate laws applicable to Magistrates and Law Officers, saying it would contribute to a competent and sustainable justice sector.
He, however, clarified that the proposal concerns Law Officers as a specialised professional cadre performing functions integral to the administration of justice, and not lawyers generally.
Explaining the rationale behind the proposed amendment, Pedro said it was necessitated by an unintended institutional consequence arising from the constitutional amendment that increased the retirement age of High Court Judges from 65 to 70 years.
He noted that Section 291(1) of the 1999 Constitution, as altered by the Fifth Alteration (No. 37) Act 2023, extended the retirement age of High Court Judges, a reform intended to retain experienced judicial officers and preserve institutional knowledge.
According to him, the constitutional change has, however, reduced the number of vacancies occurring on the High Court Bench, thereby narrowing the traditional pathway through which experienced Chief Magistrates and senior Law Officers could progress to the High Court.
He said the development has created a situation where officers who have attained considerable professional experience and institutional expertise may be required to retire at 60 years, notwithstanding that they would previously have had realistic opportunities for elevation to the High Court.
“This creates an imbalance in the career structure of the justice sector and risks the premature loss of experienced personnel whose knowledge and expertise remain valuable to the administration of justice,” he stated.
The Attorney-General said the proposed amendment is therefore intended to correct the disparity and establish a more coherent and sustainable career structure within the justice system.
He added that the reform would preserve institutional knowledge, strengthen continuity in the administration of justice and enable the State to derive maximum value from its investment in the training and professional development of judicial and legal officers.
Proposed retirement provision
Pedro disclosed that the proposed amendment is expected to give officers discretion to retire upon attaining 60 years, while prescribing that a Magistrate or Law Officer shall cease to hold office upon attaining 65 years or completing 40 years in service, whichever is earlier.
He said the reform should not be viewed merely as an extension of individual service periods, but as a structural response to the changed judicial environment occasioned by the constitutional extension of the retirement age of High Court Judges.
He further noted that the proposal would promote succession planning, mentorship of younger officers and the transfer of institutional knowledge to the next generation of judicial and legal practitioners.
Pedro urged the public to approach the debate on the Bill with facts and a proper understanding of its legislative origin, purpose and policy context, rather than emotion or sentiment.
He maintained that the proposed amendment represents a necessary and proportionate legislative response to the changed circumstances in the justice sector, designed to promote fairness in career progression, retain valuable expertise and strengthen the administration of justice in Lagos State.
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