The Attorney-General (AG) and Commissioner for Justice, Lagos, Mr Lawal Pedro (SAN), has revealed that the planned extension of the retirement age of Magistrates and Law Officers is intended to address an emerging imbalance in the state’s justice sector.
Pedro made the revelation while explaining the rationale behind the proposed amendment to the Magistrates Law of Lagos State.
According to the AG, the proposed amendment was not an Executive Bill sponsored by his office, but a Private Member’s Bill currently before the Lagos State House of Assembly for legislative consideration.
Pedro, SAN, in a statement titled ‘Understanding the Proposed Amendment to the Magistrates Law of Lagos State,’ argued that the proposed legislation had reasonable justification, particularly in strengthening and sustaining the administration of justice in the State.
The commissioner maintained that the position of his office is based on Lagos State’s long-standing policy of harmonising the conditions of service of Law Officers with those of Magistrates.
Pedro suggested that the policy had been implemented in Lagos since 1997 pursuant to a government circular dated March 20, 1997.
The SAN posited that the harmonisation of the conditions of service of Law Officers and Magistrates was not peculiar to Lagos State, adding that other states had enacted legislation to give effect to similar arrangements.
He referenced Abia State’s Law Officers Harmonisation with Magistrates Law, 2008, which provides for the salaries and conditions of service of Law Officers to correspond with those of Magistrates in equivalent posts.
The AG equally mentioned Kogi, Benue, Imo and Kwara states as jurisdictions that had adopted similar arrangements.
The Lagos Attorney-General said whether the proposed reform was eventually implemented through a single legislation or separate laws applicable to Magistrates and Law Officers, it should be viewed as an intervention aimed at strengthening the justice sector.
Pedro declared that the proposal concerned Law Officers as a specialised professional cadre performing functions integral to the administration of justice, and was not intended to benefit lawyers generally.
The AG explained that the proposed amendment should therefore be regarded as a continuation of an existing policy rather than the creation of a new privilege for Law Officers.
The SAN further made reference to Osun State as an example, saying the state had enacted Law No. 7 of 2023, assented to on December 15, 2023, to increase the retirement age of officers involved in the administration of justice, including state counsel and court registrars, to 65 years.
ALSO READ: I’m ready for probe over banditry, terrorism allegations —Senator Buba
Pedro stated that the proposed amendment has become necessary because of an unintended institutional consequence arising from the constitutional extension of the retirement age of High Court Judges.
The SAN explained that Section 291(1) of the 1999 Constitution, as altered by the Fifth Alteration (No. 37) Act 2023, increased the retirement age of High Court Judges from 65 to 70 years.
The AG who revealed that before the constitutional amendment, the retirement of High Court Judges at 65 created a predictable pattern of vacancies on the High Court Bench, added that the vacacies, provided opportunities for experienced Chief Magistrates and senior Law Officers who possessed the necessary qualifications, competence, and years of service to progress to the High Court Bench.
“However, the extension of the retirement age of High Court Judges to 70 has reduced the frequency of vacancies on the High Court Bench,” he said.
Pedro argued that this has consequently narrowed the traditional career pathway through which experienced Chief Magistrates and senior Law Officers could progress to the High Court.
The commissioner stressed that some chief magistrates and senior law officers could now reach the age of 60 and be required to retire despite having considerable professional experience and institutional knowledge that could otherwise have been utilised for longer periods.
He added that, “This creates an imbalance in the career structure of the justice sector and risks the premature loss of experienced personnel whose knowledge and expertise remain valuable to the administration of justice.”
The Commissioner for Justice said the proposed amendment was designed to correct the disparity and establish a more coherent and sustainable career structure within Lagos State’s justice system.
Pedro stated that the reform would ensure that the constitutional extension of the retirement age of High Court Judges did not, as a collateral consequence, lead to the premature exit of experienced Chief Magistrates and senior Law Officers.
The SAN also argued that retaining experienced officers would help preserve institutional knowledge and strengthen continuity in the administration of justice.
He said it would also enable the state to derive maximum value from the substantial investment made in the training and professional development of judicial and legal officers.
According to him, the proposal should not be viewed simply as an extension of the service period of individual officers.
Rather, he said, it represented a structural response to the changed judicial environment created by the constitutional amendment extending the retirement age of High Court Judges.
The AG urged members of the public to approach the controversy surrounding the proposed amendment based on facts rather than emotion or sentiment.
WATCH TOP VIDEOS FROM NIGERIAN TRIBUNE TV