The Lagos State Government has clarified controversy surrounding a proposed amendment that could increase the retirement age of magistrates and certain law officers to 65 years, stressing that the legislation was not initiated by the executive arm of government.
Attorney-General and Commissioner for Justice Lawal Pedro, SAN, said on Monday that the proposed amendment to the Lagos State Magistrates Law is a Private Member’s Bill currently before the Lagos State House of Assembly, rather than an Executive Bill sponsored by his office.
Pedro said the Ministry of Justice nevertheless considers the proposal to have reasonable justification because of its potential to strengthen the justice system and retain experienced personnel.
Proposed Retirement Age Rises to 65
Under the proposed amendment, affected magistrates and law officers would have the option of retiring after attaining the age of 60 but would be required to leave office at 65 years or after completing 40 years of service, whichever comes first.
That represents an extension of the career window for experienced personnel in the state’s justice sector.
Pedro argued that the proposal should be viewed within the context of changes already made to the retirement conditions of other judicial officers.
The Attorney-General said the reform was partly intended to address a disparity created after the retirement age of High Court judges was constitutionally extended.
Without corresponding changes further down the judicial structure, Lagos risks losing experienced magistrates and government law officers earlier than judges with whom they work within the wider justice system, he argued.
Lagos Says Policy Dates Back to 1997
Pedro also rejected suggestions that the proposed legislation was designed to create a new benefit specifically for government lawyers.
According to him, Lagos has operated a policy harmonising the conditions of service of magistrates and law officers since 1997, following a government circular issued on March 20 of that year.
The latest proposal would therefore extend an existing policy principle rather than introduce an entirely new arrangement.
He added that similar arrangements have been legislated in states including Abia, Benue, Imo, Kogi, Kwara and Osun.
Osun, for example, enacted legislation in 2023 increasing the retirement age of certain officers involved in the administration of justice, including state counsel and court registrars, to 65.
Why Retaining Experienced Officers Matters
The argument for extending retirement ages is largely centred on institutional knowledge.
Senior magistrates and law officers can accumulate decades of experience dealing with criminal prosecutions, civil litigation, commercial disputes, advisory work and the administration of justice.
When highly experienced personnel leave simultaneously at a mandatory retirement age, government institutions can lose specialised expertise faster than younger officers can replace it.
Lagos believes a longer career structure could improve succession planning and mentorship, while allowing younger judicial and legal personnel to benefit from working alongside more experienced officers.
But there is another side to the debate.
Longer retirement periods can potentially slow promotion opportunities for younger personnel if workforce planning is not properly managed.
That makes the structure of the proposed legislation as important as the additional five years themselves.
Assembly Has Final Legislative Role
Pedro’s clarification is also important because it establishes where responsibility for the proposal currently lies.
The bill is before the Lagos State House of Assembly, meaning lawmakers must consider its provisions through the legislative process before it can become law.
The Attorney-General urged the public to evaluate the proposal based on its policy implications rather than what he described as emotion or sentiment.
For Lagos, the wider issue is how to structure a justice system capable of retaining institutional experience while continuing to create opportunities for younger professionals.
The debate should therefore extend beyond whether magistrates work until 60 or 65.
The more consequential question is whether the change ultimately produces faster justice delivery, stronger institutions and a more sustainable career structure across the Lagos judicial system.
