LAGOS AG: RETIREMENT AGE BILL FOR MAGISTRATES, LAW OFFICERS NOT EXECUTIVE-SPONSORED
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By:Aminat Tajudeen
The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has clarified that the proposed amendment to the state’s Magistrates Law, seeking to extend the retirement age of magistrates and law officers, is not an Executive Bill.
Pedro explained that the proposal is a Private Member’s Bill currently before the Lagos State House of Assembly. He said the bill was considered necessary in the interest of strengthening and sustaining the state’s justice system.
The Attorney-General made the clarification in a statement on Monday amid controversy surrounding the proposed amendment.
He said, “For the avoidance of doubt, the proposed amendment is not an Executive Bill and is not sponsored by the Office of the Honourable Attorney-General and Commissioner for Justice.”
According to him, the bill was introduced as a Private Member’s Bill and is undergoing legislative consideration after being deemed reasonably justified for the benefit of the state’s justice sector.
Pedro explained that the proposed reform is based on the longstanding policy of harmonising the conditions of service of law officers with those of magistrates in Lagos State, a policy that has existed since 1997 following a government circular dated March 20, 1997.
He noted that similar arrangements have been adopted in other states, including Abia, Kogi, Benue, Imo, Kwara and Osun.
The Attorney-General said the proposed amendment should therefore be viewed as a continuation of an existing policy rather than the introduction of a new privilege for law officers.
He cited Osun State as an example, noting that the state’s 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.
Pedro further clarified that the proposed reform is specifically targeted at law officers who form part of the specialised professional cadre involved in the administration of justice, and not lawyers generally.
He said the proposal was partly prompted by the constitutional amendment that increased the retirement age of High Court judges from 65 to 70 years.
According to him, before Section 291(1) of the 1999 Constitution was amended, High Court judges retired at 65, creating regular vacancies on the High Court Bench. These vacancies provided opportunities for experienced chief magistrates and senior law officers to advance to the High Court.
However, Pedro said the extension of judges’ retirement age had reduced the number of vacancies and consequently affected the traditional career progression of magistrates and law officers.
He explained that experienced chief magistrates and senior law officers could now be forced to retire at 60 despite having the professional experience and institutional knowledge that could previously have positioned them for elevation to the High Court.
The Attorney-General said the situation had created an imbalance within the justice sector’s career structure and could lead to the premature loss of experienced personnel.
He said the proposed amendment was designed to address the disparity by creating a more coherent and sustainable career structure within the justice system.
According to him, the reform would help Lagos retain experienced personnel, preserve institutional knowledge, support succession planning and provide mentorship opportunities for younger judicial and legal practitioners.
Pedro disclosed that under the proposed amendment, magistrates and law officers would have the option of retiring at 60, while compulsory retirement would take effect at 65 or after 40 years in service, whichever comes first.
He said the proposed provision would read: “A Magistrate or Law Officer in the State may retire when he attains the age of sixty years and he shall cease to hold office when he attains the age of sixty-five years or 40 years in service, whichever is earlier.”
The Attorney-General urged members of the public to evaluate the bill based on its rationale, legislative origin and potential policy implications rather than emotion or sentiment.
Pedro maintained that the proposal was designed to respond to the changes in the judicial environment following the extension of the retirement age of High Court judges.
He said the reform was ultimately aimed at promoting fairness in career progression, retaining valuable expertise, strengthening the administration of justice and ensuring that Lagos State continues to benefit from the experience and competence of its senior judicial and legal officers.
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