Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has clarified the controversy surrounding the proposed amendment to the Magistrates Law of Lagos State, stating that the Bill before the State House of Assembly is not an Executive Bill nor sponsored by his office, but a Private Member’s Bill seeking to increase the retirement age of Magistrates and Law Officers.
In a press statement issued on 14th September, the Attorney-General explained that the amendment is a direct response to a constitutional development in 2023, when the Fifth Alteration (No. 37) Act raised the retirement age of High Court Judges from 65 to 70 years. According to him, the change has reduced vacancies on the High Court Bench, thereby narrowing the traditional pathway through which experienced Chief Magistrates and senior Law Officers progress to the higher Bench.
He warned that without legislative intervention, senior judicial and legal officers with considerable professional experience could be compelled to retire at 60 years, despite having lost realistic prospects of elevation under the previous career structure, resulting in the premature loss of valuable institutional knowledge and expertise.
The Attorney-General noted that the proposal is consistent with Lagos State’s long-standing harmonization policy, in place since 1997, which aligns the conditions of service of Law Officers with those of Magistrates. He added that the practice is not unique to Lagos, citing similar legislation in Abia, Kogi, Benue, Imo and Kwara States. At the same time, in December 2023, Osun State raised the retirement age of justice sector officers including State Counsel and Court Registrars to 65 years under a single law.
Commissioner Pedro stressed that the Bill concerns Law Officers as a specialized professional cadre integral to the administration of justice, not lawyers generally. He should therefore be seen as a continuation of existing policy rather than the creation of a new privilege. The proposed amendment provides that “a Magistrate or Law Officer in the State may retire when he attains the age of sixty years and 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 the public to engage the Bill based on facts rather than emotion, describing the reform as a necessary and proportionate response to a changed judicial environment that will promote fairness in career progression, enhance succession planning and mentorship, and ensure the Lagos State justice sector continues to benefit from the experience and competence of its senior officers.
