Proposed amendment to Lagos magistrates' retirement age sparks clarification from Attorney-General
The Lagos State Attorney-General has confirmed that a proposed bill to raise the retirement age for magistrates is a Private Member's Bill, not an executive initiative.

The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has clarified that a proposed amendment to the state's Magistrates Law, which seeks to increase the retirement age for magistrates and law officers, is not an Executive Bill. This statement comes amid ongoing discussions regarding the proposed changes, which are currently under consideration by the Lagos State House of Assembly.
Pedro emphasized that the bill is a Private Member’s Bill, asserting that it is aimed at strengthening and sustaining the justice sector in Lagos State. In a press statement released on Monday, he stated, "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."
The Attorney-General highlighted that the proposal aligns with a longstanding policy to harmonize the conditions of service for law officers with those of magistrates, a policy that has been in place since 1997. He noted that similar legislative measures have been enacted in other states, including Abia, Kogi, Benue, Imo, Kwara, and Osun.
Pedro pointed out that the proposed amendment should be viewed as a continuation of an existing policy rather than the introduction of new privileges for law officers. He referenced Osun State's recent legislation, which increased the retirement age for judicial officers to 65 years, as a precedent for this amendment.
The rationale behind the proposed increase is linked to a constitutional amendment that raised the retirement age of High Court judges from 65 to 70 years. Pedro explained that prior to this amendment, High Court judges retired at 65, which created opportunities for experienced chief magistrates and senior law officers to advance to the High Court. However, with the extension of the retirement age for judges, the number of vacancies has decreased, impacting the career progression of magistrates and law officers.
He remarked, "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 situation has led to an imbalance in the career structure within the justice sector, potentially resulting in the premature loss of experienced personnel. The proposed amendment aims to rectify this disparity and establish a more coherent career structure within the justice system.
Pedro explained that the amendment would allow magistrates and law officers to retire at 60 years, with a compulsory retirement age set at 65 years or after 40 years of service, whichever comes first. He urged the public to evaluate the bill based on its rationale and policy implications rather than emotional responses, emphasizing the importance of understanding the legislative context and purpose of the proposal.
In summary, the Attorney-General reiterated that the amendment is a necessary response to the evolving judicial landscape and is designed to promote fairness in career progression, retain valuable expertise, and enhance the administration of justice in Lagos State.
Sources
- Punch Newspapers Original article