Lagos State Attorney-General and Commissioner for Justice, Mr Lawal Pedro, SAN, has clarified that the proposed amendment to the state’s Magistrates Law seeking to raise the retirement age of Magistrates and Law Officers is a Private Member’s Bill, not an Executive Bill.
Pedro made the clarification in a statement on Monday, following concerns over the proposed amendment currently before the Lagos State House of Assembly.
He said the bill was not sponsored by his office but was considered to have reasonable justification in the interest of the state, particularly in strengthening and sustaining the justice sector.
“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,” he said.
According to him, the proposed legislation is rooted in Lagos’ longstanding policy of harmonising the conditions of service of Law Officers with those of Magistrates, a policy he said had been in operation since 1997 following a government circular dated March 20, 1997.
Pedro said the arrangement was not peculiar to Lagos, noting that states including Abia, Kogi, Benue, Imo and Kwara had enacted legislation providing for similar arrangements.
He added that Osun State, through Law No. 7 of 2023, assented to on December 15, 2023, had increased the retirement age of officers involved in the administration of justice, including State Counsel and Court Registrars, to 65 years.
The Attorney-General explained that the proposed amendment became necessary following an unintended institutional consequence of the constitutional amendment to Section 291(1) of the 1999 Constitution, as altered by the Fifth Alteration (No. 37) Act 2023.
He said the constitutional amendment increased the retirement age of High Court Judges from 65 to 70 years, thereby reducing vacancies on the High Court Bench.
According to Pedro, the development had narrowed the traditional career pathway through which experienced Chief Magistrates and senior Law Officers progressed to the High Court.
He said the proposed amendment was therefore aimed at addressing the disparity, preserving institutional knowledge, strengthening continuity and creating a more coherent and sustainable career structure within the justice sector.
“The proposal concerns Law Officers as a specialised professional cadre performing functions integral to the administration of justice, and not lawyers generally.
“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,” he said.
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Pedro explained that under the proposed amendment, Magistrates and Law Officers would retain the discretion to retire at 60, while making 65 years or 40 years in service, whichever comes first, the mandatory point for leaving office.
He urged members of the public to engage with the proposed legislation based on its facts, legislative origin, purpose and policy context, rather than misconceptions surrounding its objectives.
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