LAGOS — 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 raise the retirement age of Magistrates and Law Officers is not an Executive Bill sponsored by his office.
Pedro said the Bill, currently before the Lagos State House of Assembly, is a Private Member’s Bill, but added that it has reasonable justification in the interest of strengthening and sustaining the state’s justice sector.
The clarification came amid controversy over the proposed amendment, with the Attorney-General urging members of the public to assess the proposal based on its legislative origin, rationale and policy context rather than emotion or sentiment.
In a statement dated September 14, 2026, Pedro said the Lagos State Government’s position on the issue was rooted in its 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.
According to him, similar arrangements exist in other states, including Abia, Kogi, Benue, Imo and Kwara, while Osun State had, through Law No. 7 of 2023, increased the retirement age of officers involved in the administration of justice, including State Counsel and Court Registrars, to 65 years.
The Attorney-General stressed that the proposed reform concerns Law Officers as a specialised professional cadre performing functions integral to the administration of justice, and not lawyers generally.
Pedro explained that the proposed amendment was largely triggered by an unintended consequence of the 2023 constitutional amendment which raised the retirement age of High Court Judges from 65 to 70 years.
The change was effected through the Fifth Alteration (No. 37) Act 2023, amending Section 291(1) of the 1999 Constitution.
He noted that before the amendment, the retirement of High Court Judges at 65 created a regular pattern of vacancies on the High Court Bench.
That structure, he said, provided experienced Chief Magistrates and senior Law Officers with opportunities to progress to the High Court Bench where they possessed the requisite qualifications, competence and years of service.
However, the extension of the retirement age of High Court Judges to 70 has reduced the number of vacancies on the High Court Bench, thereby narrowing the traditional route of progression for senior officers in the lower judiciary and Ministry of Justice.
Pedro said the situation could result in experienced Chief Magistrates and senior Law Officers being compelled to retire at 60, despite having previously had a realistic prospect of elevation to the High Court.
He described this as an imbalance in the career structure of the justice sector and warned that it could lead to the premature loss of experienced personnel whose expertise remains valuable to the administration of justice.
According to the Attorney-General, the proposed amendment is designed to correct the disparity and establish a more coherent and sustainable career structure within the justice system.
He disclosed that the proposed provision would give officers discretion to retire at 60, while providing that a Magistrate or Law Officer would cease to hold office upon attaining **65 years of age or completing 40 years in service, whichever comes earlier**.
Pedro said the proposal should not be viewed simply as an extension of the period of service of individual officers.
Rather, he described it as a structural response to the changed judicial environment created by the constitutional extension of the retirement age of High Court Judges.
He said the objective was to ensure that the extension of service at the higher level did not inadvertently lead to stagnation or premature termination of careers at lower and intermediate levels of the justice system.
The Attorney-General further argued that the proposal represents a continuation of an existing harmonisation policy rather than the creation of a new privilege for Law Officers.
He said the reform would help the state retain experienced judicial and legal personnel, preserve institutional knowledge and maximise the benefits of investments made in their professional training and development.
The measure, he added, could also facilitate succession planning, mentorship and the transfer of institutional knowledge to younger judicial and legal practitioners.
Pedro said whether the proposed reform was eventually enacted through a single piece of legislation covering Magistrates and Law Officers or through separate laws, it should be supported by Lagosians who desire a strong and sustainable justice sector.
He maintained that the proposed amendment was a “necessary and proportionate legislative response” to the changed circumstances created by the constitutional amendment.
The Attorney-General said the ultimate objective was to promote fairness in career progression, retain valuable expertise and strengthen the administration of justice in Lagos State.
