The Lagos Advocacy Group has warned that the proposed amendment to the Lagos State Magistrates Law extending the retirement age of magistrates and law officers could restrict career progression for younger lawyers, create institutional stagnation and deepen existing bottlenecks in the justice sector.
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The group, in a statement signed by its Convener and Publicity Secretary of the Nigerian Bar Association, Epe Branch, Yakubu Eleto, argued that allowing senior officers to remain in service longer without a corresponding expansion of available positions or a clearly defined succession framework could further limit opportunities for younger magistrates and law officers seeking promotion.
The controversy follows moves before the Lagos State House of Assembly to amend the Magistrates Law in a manner that would extend the retirement age of magistrates and certain law officers.
The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, has, however, defended the proposal, describing it as a necessary structural response to changes created by the 2023 constitutional alteration which extended the retirement age of High Court judges from 65 to 70 years.
Pedro, in a statement issued on Monday, also clarified that the proposed amendment was not an Executive Bill sponsored by the Ministry of Justice but a Private Member’s Bill currently before the Lagos State House of Assembly.
According to the Attorney-General, the policy underlying the proposal is not new, having existed since a government circular issued on March 20, 1997.
He explained that before the constitutional extension of the retirement age of High Court judges, regular retirements from the Bench created vacancies through which experienced chief magistrates and senior law officers could progress to the High Court.
Pedro said the additional five years now available to High Court judges had reduced the frequency of vacancies on the Bench, leaving some experienced chief magistrates and senior law officers facing retirement despite possessing the qualifications and experience required for higher judicial appointments.
He maintained that the proposed amendment should therefore be seen as an adjustment to an altered judicial career structure rather than an attempt to confer special privileges on particular categories of officers.
The Attorney-General argued that retaining experienced personnel for a reasonable additional period would preserve institutional knowledge, improve succession planning, strengthen mentorship and allow the government to derive greater value from its investment in the training of judicial and legal officers.
He further said the proposal was not peculiar to Lagos, citing Abia, Kogi, Benue, Imo and Kwara states as jurisdictions where similar legislative measures had been adopted.
The Lagos Advocacy Group, however, maintained that the matter should not be treated solely as an exercise in harmonising conditions of service.
The group questioned whether extending the tenure of senior officers would merely transfer the problem created by fewer High Court vacancies to lower levels of the justice system.
It also raised concerns over the inclusion of law officers within amendments to the Magistrates Law, arguing that magistrates and state counsel perform fundamentally different functions and operate within distinct institutional structures.
The critics said while magistrates exercise judicial authority, law officers in the Ministry of Justice are principally involved in prosecution, legal advisory work, legislative drafting and other government legal functions.
A Lagos-based senior lawyer, Oladele Areola, similarly described the proposal as a potentially flawed response to a genuine institutional problem.
According to him, the fact that the constitutional extension of High Court judges’ tenure has reduced the rate at which vacancies arise on the Bench does not automatically justify extending the tenure of officers serving in other parts of the justice system.
“The fact that there are now fewer vacancies on the High Court Bench does not mean the answer is to keep magistrates and law officers in their current roles for another five years. That may simply delay promotions and limit opportunities for younger officers,” Areola said.
He argued that rather than relying principally on retirement-age extension, the state should undertake a comprehensive review of judicial manpower, accelerate the appointment of qualified judges wherever genuine vacancies exist, expand court infrastructure and establish a transparent career-progression framework.
Areola also questioned the legislative basis for dealing with law officers under the Magistrates Law, stressing that the two categories of officers perform separate constitutional and administrative functions.
Another lawyer, Michael Nkwo, warned that increasing the retirement age without simultaneously creating additional positions could slow promotions and discourage younger lawyers aspiring to judicial appointments or senior positions within the Ministry of Justice.
Nkwo acknowledged the importance of retaining institutional experience but argued that such retention should be based on demonstrated need, performance and transparent criteria rather than a blanket extension applicable to all affected officers.
“The justice system needs both experience and renewal. If senior officers stay indefinitely, younger lawyers may have to wait years for opportunities that should normally emerge through succession,” he said.
He urged the Lagos State House of Assembly to widen consultation on the proposed amendment by engaging the judiciary, the Nigerian Bar Association, serving magistrates, law officers, retired judicial officers and other stakeholders before reaching a final decision.
Nkwo also called on lawmakers to demand empirical evidence showing the number of High Court vacancies affected since the constitutional alteration, the likely impact of the proposed extension on promotions and whether additional positions would be created to prevent stagnation.
The debate has consequently developed beyond the question of retaining experienced personnel, with opponents insisting that lawmakers must also consider generational renewal, promotion prospects and the long-term structure of the state’s justice institutions.
While Pedro maintains that the amendment would help Lagos respond to the disruption created by the longer tenure of High Court judges and preserve valuable institutional experience, the Lagos Advocacy Group and other critics insist that extending tenure without addressing staffing structures, vacancies and succession could merely shift the existing career bottleneck further down the justice system.
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