Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has moved to douse the controversy surrounding a proposed amendment to the state's Magistrates Law, clarifying that the bill seeking to raise the retirement age of magistrates and law officers is not an Executive Bill sponsored by his office. In a statement issued on Monday, September 14, 2026, Pedro described the proposal as a Private Member's Bill currently before the Lagos State House of Assembly, but said the Ministry of Justice considers it to have reasonable justification in the interest of strengthening and sustaining the state's justice sector. The clarification became necessary after the proposal generated significant public debate, with critics questioning its timing, scope, and potential impact on younger legal professionals.
At the heart of the proposal is a provision that would allow a magistrate or law officer to retire at 60, but require them to cease holding office upon attaining 65 years of age or completing 40 years in service, whichever comes first. Pedro explained that the amendment is a direct response to an unintended institutional consequence of the 2023 constitutional alteration, which raised the retirement age of High Court judges from 65 to 70 years through the Fifth Alteration Act. Before that change, the regular retirement of High Court judges at 65 created a predictable pattern of vacancies on the High Court Bench, providing a clear pathway for experienced Chief Magistrates and senior law officers to progress to the higher bench. With judges now serving an additional five years, those vacancies are arising less frequently, narrowing the traditional career progression pathway for officers in the lower judiciary and the Ministry of Justice.
Pedro warned that without legislative intervention, senior judicial and legal officers with considerable professional experience could be compelled to retire at 60, despite having previously had a realistic opportunity of elevation. He described the situation as an imbalance in the career structure of the justice sector that risks the premature loss of experienced personnel whose knowledge and expertise remain valuable to the administration of justice. The objective, he said, 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 Attorney-General also sought to draw a distinction between the proposed amendment and a general increase in the retirement age for lawyers in Lagos State. He stressed that the proposal concerns law officers as a specialised professional cadre performing functions integral to the administration of justice, and not lawyers generally. He noted that Lagos had, since 1997, operated a policy of harmonising the conditions of service of law officers with those of magistrates, pursuant to a government circular issued on March 20, 1997. He argued that the proposed adjustment was therefore consistent with the state's longstanding approach to the two cadres, and should be viewed as a continuation of an existing policy rather than the creation of a new privilege.
The government also cited precedents from other states to support its case. Pedro referenced Abia State's Law Officers Harmonisation with Magistrates Law, 2008, which provides for the salaries and conditions of service of law officers to correspond with those of magistrates in equivalent posts. He also listed Kogi, Benue, Imo and Kwara states as having adopted similar arrangements. He pointed to Osun State, where Law No. 7 of 2023, assented to on December 15, 2023, increased the retirement age of officers involved in the administration of justice, including State Counsel and Court Registrars, to 65 years under a single legislation.
However, the proposal has not been without its critics. A Lagos-based advocacy group, in a statement signed by its Convener and the Publicity Secretary of the Nigerian Bar Association, Epe Branch, Yakubu Eleto, argued that extending the retirement age for law officers and magistrates could further limit opportunities for younger lawyers and judicial officers seeking promotion. The group contended that the proposal could institutionalise stagnation if it allows senior officers to remain in service longer without a corresponding increase in available positions or a clear succession framework. They also questioned whether the retirement provisions for law officers should be embedded within the Magistrates Law, arguing that magistrates and state counsel serve different functions and operate under separate institutional structures.
A Lagos-based senior lawyer, Oladele Areola, described the proposed amendment as a potentially flawed response to the decreasing number of vacancies on the High Court Bench. He argued that the explanation that the proposal was driven by the constitutional extension of High Court judges' retirement age does not, on its own, justify prolonging the tenure of officers in different branches of the justice system. According to him, an appropriate response should include a comprehensive review of judicial manpower, faster appointment of qualified judges where vacancies exist, expansion of court infrastructure, and a transparent career-progression framework.
Pedro, however, maintained that the reform would help the state retain experienced officers, facilitate succession planning, mentorship and the transfer of institutional knowledge to younger practitioners. He urged the public to examine the proposal based on its institutional implications rather than sentiment. He said the reform was 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. The bill is currently before the Lagos State House of Assembly, where it will be subjected to further legislative scrutiny. For now, the debate over the retirement age of magistrates and law officers has exposed a deeper conversation about the structure of Lagos State's justice sector, the balance between experience and opportunity, and the kind of judiciary the state wants to build for the future.
📩 Stone Reporters News | 🌍 stonereportersnews.com
✉️ info@stonereportersnews.com | 📘 Facebook: Stone Reporters News | 🐦 X (Twitter): @StoneReportNew | 📸 Instagram: @stonereportersnews
Add comment
Comments