Lagos AG Explains Proposed Retirement Age For Magistrates, Law Officers

Lagos State Attorney General and Commissioner for Justice, Lawal Pedro, SAN, has explained the rationale behind a proposed amendment to the state’s Magistrates Law, saying the move is intended to address structural changes in the judiciary rather than simply extend the tenure of individual officers.

The bill, currently before the Lagos State House of Assembly, seeks to alter the retirement provisions for Magistrates and Law Officers in the state.

Pedro, in a statement dated September 14, said the proposed amendment was necessitated by the 2023 constitutional amendment which raised the retirement age of High Court Judges from 65 to 70 years.

According to him, the increase in the retirement age of High Court Judges has reduced the number of vacancies on the Bench, consequently narrowing the traditional career pathway through which experienced Chief Magistrates and senior Law Officers progressed to become High Court Judges.

He said the proposed reform was designed to prevent experienced personnel in the lower judiciary and Ministry of Justice from leaving prematurely despite still having valuable contributions to make to the administration of justice.

“The extension of the retirement age of High Court Judges to 70 years, while undoubtedly serving the legitimate objective of retaining experienced judicial officers and preserving institutional knowledge, has had a consequential effect on the career progression structure within the lower judiciary and the Ministry of Justice,” Pedro said.

The proposed amendment provides that a Magistrate or Law Officer may retire at 60, but shall cease to hold office upon attaining 65 years of age or completing 40 years in service, whichever comes earlier.

Pedro explained that before the 2023 constitutional amendment, High Court Judges retired at 65, creating regular vacancies that enabled qualified and experienced Chief Magistrates and senior Law Officers to progress to the High Court.

He said the proposed change would help preserve institutional knowledge, strengthen continuity and ensure that the state derives maximum value from its investment in the training and professional development of judicial and legal officers.

“The objective is to maintain an equitable relationship between the various levels of the justice system and to prevent a situation in which the extension of service at the higher level inadvertently results in the stagnation or premature termination of careers at the lower and intermediate levels,” he said.

The Attorney General also said the proposal was consistent with Lagos State’s long-standing policy of harmonising the conditions of service of Law Officers with those of Magistrates.

He said the policy had been in place since 1997 pursuant to a government circular dated March 20, 1997.

Pedro clarified that the bill was neither an Executive Bill nor sponsored by his office, but a Private Member’s Bill which, he said, had been considered to have reasonable justification in the interest of strengthening and sustaining the justice sector.

He urged Lagosians to assess the proposal based on facts rather than emotion or sentiment, arguing that the reform would help maintain a competent and sustainable justice system.

“The proposed reform is also justified by the need to preserve institutional knowledge, strengthen continuity in the administration of justice and derive maximum value from the substantial investment made by the State in the training and professional development of its judicial and legal officers,” he said.