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Lagos clarifies proposed Magistrates Law amendment

Lagos State House of Assembly

The Lagos State Government has clarified that the proposed amendment to the Magistrates Law currently before the Lagos State House of Assembly is not an executive bill, but a private member’s initiative aimed at addressing structural issues within the state’s justice system.

Tthe Attorney-General and Commissioner for Justice, Mr. Lawal Pedro (SAN), said the controversy surrounding the bill had made it necessary to set the record straight on its origin, purpose and policy context.

He stated that contrary to public perception, the proposed amendment was not sponsored by his office but had been introduced independently and is undergoing legislative consideration by the Assembly

According to him, the position of the Ministry of Justice is guided by a long-standing policy that aligns the conditions of service of Law Officers with those of Magistrates, a framework that has been in place in Lagos since 1997 following a government circular.

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Pedro explained that such harmonisation is not unique to Lagos, noting that states including Abia, Kogi, Benue, Imo and Kwara have enacted similar laws to ensure parity between Law Officers and Magistrates in terms of remuneration and service conditions.
He added that the proposed amendment should be viewed as a continuation of this established policy rather than the creation of new privileges for a specific group of officers.

The Attorney-General also pointed to developments in Osun State, where legislation enacted in 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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Providing context for the proposed reform in Lagos, Pedro said the initiative was partly necessitated by the 2023 constitutional amendment which raised the retirement age of High Court judges from 65 to 70 years.

He explained that prior to the constitutional change, predictable vacancies existed on the High Court bench, creating opportunities for the elevation of experienced Chief Magistrates and senior Law Officers.

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However, he noted that the extension of the retirement age for High Court judges has reduced the frequency of such vacancies, thereby limiting career progression opportunities within the lower judiciary and the Ministry of Justice.

“The consequence is that highly experienced officers may now be required to retire at 60 years, despite possessing the competence and qualifications for elevation under the previous system,” he said.
Pedro warned that this development could lead to the premature exit of skilled personnel, resulting in a loss of institutional knowledge and weakening the justice sector.

He said the proposed amendment seeks to address this imbalance by creating a more coherent career structure and ensuring that experienced officers are retained for a reasonable period.
Under the proposal, a Magistrate or Law Officer may retire voluntarily at 60 years but would be required to exit service at 65 years or after 40 years of service, whichever comes earlier.

The Attorney-General said the reform is intended to promote fairness, enhance stability within the justice system and strengthen succession planning by allowing for mentorship and knowledge transfer.

He emphasised that the proposal should not be interpreted merely as an extension of tenure for individuals, but as a structural response to evolving realities within the judiciary.
Pedro urged stakeholders and the public to engage the issue based on facts rather than sentiment, noting that the objective of the amendment is to sustain Lagos State’s position as a leader in justice sector administration.

He maintained that the legislative intervention, if passed, would contribute to the continued development of the justice system and ensure that the state benefits from the expertise of its most experienced judicial and legal officers.

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