Lagos defends plan to raise Magistrates’ retirement age to 65

Favour Olaleye

Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has defended the proposed amendment to the state’s Magistrates Law seeking to extend the retirement age of magistrates and law officers.

He said the measure is intended to address a structural imbalance created by the recent extension of the retirement age of High Court judges.

Pedro, in a statement issued on Monday, September 14, 2026, said the proposed amendment had generated controversy because of what he described as a misunderstanding of its origin, purpose and policy background.

He clarified that the bill was not an Executive Bill and was not sponsored by his office, but rather a Private Member’s Bill currently before the Lagos State House of Assembly for legislative consideration.

According to the Attorney-General, the proposal was considered to have sufficient justification in the interest of the state, particularly in strengthening and sustaining the justice sector.

Pedro said the Lagos State Government’s position on the issue was also informed by a longstanding policy of harmonising the conditions of service of law officers with those of magistrates.

He said the policy had been in operation in Lagos since 1997, following a government circular dated March 20 of that year.

The Attorney-General identified the 2023 constitutional amendment raising the retirement age of High Court judges from 65 to 70 as the principal factor behind the proposed change.

He said the amendment to Section 291(1) of the 1999 Constitution, through the Fifth Alteration (No. 37) Act 2023, had altered the traditional progression pattern within the judiciary.

Before the constitutional change, High Court judges were required to retire at 65.

According to Pedro, the regular vacancies created by that retirement pattern provided opportunities for experienced Chief Magistrates and senior law officers who met the necessary requirements to progress to the High Court Bench.

With High Court judges now able to remain in service until 70, however, the frequency of vacancies on the High Court Bench has declined.

Pedro argued that this has created a potential bottleneck for experienced officers at the lower levels of the justice system.

Under the existing arrangement, he said, Chief Magistrates and senior law officers could reach retirement age at 60 while still possessing the experience and qualifications that might previously have positioned them for elevation 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,” he said.

He argued that the situation could result in the premature loss of experienced personnel whose knowledge remains valuable to the administration of justice.

Pedro said the proposed amendment was designed to correct what he described as an unintended disparity in the career structure.

Pedro also rejected the suggestion that the proposed reform was designed to create a fresh privilege for lawyers.

He stressed that the proposal relates specifically to law officers as a specialised professional cadre involved in the administration of justice, rather than lawyers generally.

“The proposal concerns Law Officers as a specialised professional cadre performing functions integral to the administration of justice, and not lawyers generally,” he said.

He described the proposal as a continuation of the state’s existing harmonisation policy rather than the creation of a new benefit for law officers.

The Attorney-General said similar arrangements existed in other states, citing Abia, Kogi, Benue, Imo and Kwara as examples.

He specifically referred to Abia State’s Law Officers Harmonization with Magistrates Law, 2008, which provides for the salaries and conditions of service of law officers to correspond with those of magistrates in equivalent positions.

He also cited Osun State Law No. 7 of 2023, which he said was assented to on December 15, 2023, and raised the retirement age of officers involved in the administration of justice, including state counsel and court registrars, to 65.

Pedro said the proposed reform was not simply about allowing individual officers to remain in their positions for longer.

Instead, he described it as a structural response to changes in the judicial career system following the constitutional extension of High Court judges’ tenure.

He argued that retaining experienced magistrates and law officers for a longer period could help Lagos preserve institutional knowledge accumulated through years of professional service.

The Attorney-General also identified succession planning, mentorship and the transfer of institutional knowledge to younger judicial and legal practitioners as potential benefits of the reform.

He said the state had invested considerable resources in training and developing its judicial and legal personnel and should be able to continue benefiting from their expertise where they remain capable of contributing to the justice system.

While Pedro expressed support for the proposed amendment, the bill remains subject to consideration and determination by the Lagos State House of Assembly.

The Attorney-General urged members of the public to assess the proposal on the basis of its legislative origin, policy objectives and implications for the justice system rather than through emotion or sentiment.

He maintained that whether the proposed changes were ultimately enacted through a single law covering both magistrates and law officers or through separate legislation, the underlying objective remained the same: to maintain a coherent career structure within the state’s justice sector.

Pedro said the reform was intended to prevent the constitutional extension of High Court judges’ retirement age from producing what he described as an unintended consequence for officers seeking progression through the lower and intermediate levels of the judicial system.