UNDERSTANDING PROPOSED AMENDMENT TO MAGISTRATES LAW OF LAGOS STATE
My attention has been drawn to the controversy surrounding the proposed amendment to the Magistrates Law of Lagos State, currently pending before the Lagos State House of Assembly, which seeks to increase the retirement age of Magistrates and Law Officers. In view of the controversy generated by the proposed amendment, it has become necessary for this Office to clarify the facts and set the record straight.
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. It 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 House of Assembly for legislative consideration.
The position of this Office on the issue is premised on the long-standing policy of harmonisation of the conditions of service of Law Officers in Lagos State with those of Magistrates in the State, a policy which has been implemented in Lagos State since 1997 pursuant to a Government Circular dated 20 March 1997.
The policy of harmonisation of the conditions of service of Law Officers with those of Magistrates in a State is not peculiar to Lagos State. Other States of the Federation have enacted legislation to give effect to similar arrangements. These include Abia State, which enacted the Law Officers Harmonisation with Magistrates Law, 2008, providing for the salaries and conditions of service of Law Officers to correspond with those of Magistrates in equivalent posts. Other States mentioned in this regard include Kogi, Benue, Imo and Kwara States.
Whether the proposed amendment in Lagos State is ultimately effected through a single piece of legislation or through separate legislation applicable to Magistrates and Law Officers, it should be welcomed and supported by well-meaning Lagosians who desire a highly competent justice sector that continues to serve as a pace-setter in the administration of justice in Nigeria.
This Office therefore considers the proposed legislative intervention as consistent with the established policy of harmonisation and as capable of contributing to the strengthening, stability and continued development of the justice sector in Lagos State.
The proposal concerns Law Officers as a specialised professional cadre performing functions integral to the administration of justice, and not lawyers generally.
Therefore, the proposed amendment can be characterised as the continuation of an existing policy, rather than the creation of a new privilege for Law Officers. In fact, the Osun State Government has gone ahead by its Law No. 7 of 2023, assented to on 15th December 2023, to increase the retirement age of officers involved in the administration of Justice in the State, including State Counsel and Court Registrars, to 65 years in a single legislation.
It is therefore important that the public discourse on the Bill should not be guided by emotion or sentiment but by facts and proper understanding of its rationale, legislative origin, purpose and policy context. For the record, the proposed amendment to the Magistrates' Law to increase retirement age is necessitated by an unintended institutional consequence arising from the constitutional amendment in section 291(1) of the 1999 Constitution, as altered by the Fifth Alteration (No. 37) Act 2023, which increased the retirement age of High Court Judges from 65 to 70 years in 2023.
Before the constitutional amendment, High Court Judges were required to retire at the age of 65 years. This created a predictable and regular pattern of vacancies on the High Court Bench, which enabled the judicial system to benefit from the progression of experienced Chief Magistrates and senior Law Officers who possessed the requisite qualifications, competence and years of service for appointment as High Court Judges.
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. The number of vacancies occurring on the High Court Bench has correspondingly diminished, thereby narrowing the traditional pathway through which experienced Chief Magistrates and senior Law Officers could progress to the High Court.
The consequence is that Chief Magistrates and senior Law Officers who have attained considerable professional experience and institutional expertise may now be required to retire at 60 years, notwithstanding that they would, under the previous judicial career structure, have had a realistic opportunity for elevation to the High Court Bench. 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.
The proposed amendment is therefore intended to correct this unintended disparity and establish a more coherent and sustainable career structure within the justice system. It seeks to ensure that the extension of the retirement age for High Court Judges does not, as a collateral consequence, result in the premature exit of experienced Chief Magistrates and senior Law Officers who continue to possess the capacity to make significant contributions to the administration of justice.
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.
Importantly, the proposed amendment should not be viewed merely as an extension of the period of service of individual officers. Rather, it is a structural response to a changed judicial environment occasioned by the constitutional extension of the retirement age of High Court Judges. 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.
The reform will also enhance institutional stability by ensuring that the State retains experienced officers for a reasonable period, thereby facilitating effective succession planning, mentorship of younger officers and the transfer of institutional knowledge to the next generation of judicial and legal practitioners. It is expected that the Amendment will give discretion to officers and have a provision which prescribes that: “A Magistrate or Law Officer in the State may retire when he attains the age of 60 years and he shall cease to hold office when he attains the age of 65 years or 40 years in service, whichever is earlier”
Accordingly, the proposed amendment represents a necessary and proportionate legislative response to the changed circumstances created by the constitutional amendment. It is designed to promote fairness in career progression, retain valuable expertise, strengthen the administration of justice and ensure that the justice sector and Lagos State Government continue to benefit from the experience and competence of its senior officers.
Lawal Pedro, SAN,
Hon. Attorney-General and Commissioner for Justice, Lagos State.
14th September, 2026.
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