Lagos seeks 65-year retirement age for magistrates

The Lagos State Government says its proposed increase in the retirement age of magistrates and law officers is necessary to address a career progression imbalance created by the extension of the retirement age of High Court judges from 65 to 70 years.

The government said the proposed amendment would enable Lagos to retain experienced magistrates and law officers for longer, preserve institutional knowledge and strengthen succession planning in the justice sector rather than allow senior officers to retire at 60 while the positions to which they could traditionally progress become less frequently available.

The Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, made the clarification in a statement on Monday while explaining the controversy surrounding the proposed amendment to the Magistrates Law currently before the Lagos State House of Assembly.

Pedro said the proposed legislation was intended to promote fairness in career progression, retain valuable expertise and ensure that the state continued to benefit from the experience of senior judicial and legal officers.

He explained that the issue became particularly significant after the Fifth Alteration (No. 37) Act 2023 amended Section 291(1) of the 1999 Constitution to raise the retirement age of High Court judges from 65 to 70 years.

Before the constitutional alteration, the retirement of High Court judges at 65 regularly created vacancies through which experienced Chief Magistrates and senior law officers could progress within the justice system.

However, with High Court judges now able to remain in office until 70, Pedro said those vacancies would naturally arise less frequently, creating a bottleneck for officers lower down the career structure.

The consequence, according to the Attorney-General, is that a Chief Magistrate or senior law officer could now reach the existing retirement age of 60 and leave the service despite possessing considerable experience and having previously had a realistic pathway to advancement to the High Court.

“The proposed amendment is therefore intended to correct this unintended disparity and establish a more coherent and sustainable career structure within the justice system,” Pedro said.

He argued that the proposed extension should therefore not be viewed simply as an attempt to keep individual officers in government employment for an additional five years, but as a response to a change in the structure of the judiciary that has affected opportunities for advancement.

Pedro said retaining experienced personnel was also important because of the specialised nature of the work performed by magistrates and law officers, whose experience and institutional knowledge could be deployed in mentoring younger officers and ensuring continuity in the administration of justice.

“The reform will also enhance institutional stability by ensuring that the State retains experienced officers for a reasonable period, thereby supporting succession planning, mentorship and the transfer of institutional knowledge,” he said.

The Attorney-General also sought to draw a distinction between the proposed amendment and a general increase in the retirement age for lawyers in Lagos State.

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He said the proposal concerned law officers as a specialised professional cadre within the public service and magistrates, rather than lawyers generally.

Pedro noted that Lagos had, since 1997, operated a policy of harmonising the conditions of service of law officers with those of magistrates pursuant to a government circular issued on March 20, 1997.

He argued that the proposed adjustment was therefore consistent with the state’s longstanding approach to the two cadres.

The Lagos government also cited precedents from other states in support of the proposal, noting that similar provisions exist in Abia, Kogi, Benue, Imo and Kwara states.

Pedro further referenced Osun State, where Law No. 7 of 2023, assented to on December 15, 2023, increased the retirement age of officers involved in the administration of justice, including State Counsel and Court Registrars, to 65.

What the bill proposes

Under the proposed Lagos amendment, a magistrate or law officer would still have the option of retiring at 60 but would be required to leave office upon attaining 65 years or completing 40 years in service, whichever came first.

The distinction is significant because the proposal establishes 65 as the maximum age for remaining in office while retaining 60 as the point at which an officer may voluntarily retire.

The proposed provision states: “A Magistrate or Law Officer in the State may retire when he attains the age of 60 years, and he shall cease to hold office when he attains the age of 65 years or 40 years in service, whichever is earlier.”

Pedro said the arrangement would give the justice sector additional room to retain experienced personnel without creating an indefinite extension of service.

He maintained that the objective was to produce a more balanced career structure following the change in the retirement age of High Court judges.

According to him, the reform would allow Lagos to preserve the expertise of senior officers at a time when the number of opportunities for upward movement within the judicial hierarchy could be reduced by the longer tenure of High Court judges.