Retirement age bill for Lagos magistrates, law officers not executive-sponsored – Attorney-General

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The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has said the proposed amendment to the state’s Magistrates Law, seeking to increase the retirement age of magistrates and law officers, is not an Executive Bill.

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Pedro said the bill was a Private Member’s Bill currently before the Lagos State House of Assembly, adding that the proposal was considered justifiable in the interest of strengthening and sustaining the state’s justice sector.

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The Attorney-General stated this in a press statement on Monday, amid controversy over the proposed amendment.

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“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”, he said.

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Pedro said the position of his office was based on the longstanding policy of harmonising the conditions of service of law officers with those of magistrates in Lagos State. He said the policy had been in place since 1997, pursuant to a government circular dated March 20, 1997.

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According to him, the harmonisation of the conditions of service of law officers and magistrates is not peculiar to Lagos, as similar arrangements had been legislated in other states, including Abia, Kogi, Benue, Imo, Kwara and Osun.

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“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,” Pedro said.

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He noted that Osun State had, through its 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.

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The Attorney-General also clarified that the proposed reform was targeted at law officers as a specialised professional cadre involved in the administration of justice, and not lawyers generally.

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Pedro said the proposed increase was partly necessitated by the constitutional amendment that raised the retirement age of High Court judges from 65 to 70 years.

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He explained that before the amendment to Section 291(1) of the 1999 Constitution, High Court judges retired at 65, creating regular vacancies on the High Court Bench.

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According to him, those vacancies provided opportunities for experienced chief magistrates and senior law officers to progress to the High Court.

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However, he said the extension of the retirement age of High Court judges had reduced the number of vacancies and consequently affected the traditional career progression of magistrates and law officers.

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“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,” he said.

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Pedro said the situation created an imbalance in the career structure of the justice sector and could result in the premature loss of experienced personnel.

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“The proposed amendment is therefore intended to correct this unintended disparity and establish a more coherent and sustainable career structure within the justice system,” he said.

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He added that the reform would help the state retain experienced personnel, preserve institutional knowledge, facilitate succession planning and promote mentorship for younger judicial and legal practitioners.

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Pedro disclosed that the proposed amendment would give officers discretion to retire at 60, while providing for compulsory retirement at 65 or after 40 years in service, whichever comes earlier.

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He said the proposed provision would state, “A Magistrate or Law Officer in the State may retire when he attains the age of sixty years and he shall cease to hold office when he attains the age of sixty-five years or 40 years in service, whichever is earlier.”

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The Attorney-General urged the public to assess the bill on its rationale and policy implications rather than emotion or sentiment.

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“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,” he said.

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Pedro maintained that the proposed amendment was a response to the changed judicial environment created by the constitutional extension of the retirement age of High Court judges.

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He said the reform was intended 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.”

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