Lagos Magistracy Law Amendment: Why Law Officers Also Deserve a Five-Year Extension

The controversy over Lagos State’s proposed amendment to its Magistrates’ Court Law, 2015, comes down to a question of policy: is the five-year extension for Law Officers a new privilege, or the completion of an arrangement the government has already approved and begun to implement?

Findings by Vanguard point to the second explanation. Lagos State approved a harmonisation policy in October 2021 to align the conditions of service for Law Officers in the Ministry of Justice with those available to Magistrates in the Judiciary. State Counsel subsequently began receiving Security and Insurance Allowances similar to those paid to Magistrates, while Responsibility Allowance was expected to follow.

That history is central to the proposed amendment. The principle of parity between State Counsel and Magistrates did not originate with the current bill. The Lagos State Government had already accepted the policy and started putting it into practice. The measure before the House of Assembly would therefore largely complete and institutionalise the arrangement, including the matching retirement age for Magistrates and Law Officers.

The issue also emerged from a change affecting the higher courts. In 2023, a constitutional amendment increased the retirement age for High Court judges from 65 to 70. That change extended the careers of serving judges but also reduced the number of vacancies available on the High Court Bench. Chief Magistrates and Directors of Law who might previously have advanced to the Bench could instead reach the statutory retirement age of 60 without that opportunity. The proposed amendment is intended, among other things, to address that unintended consequence and retain experienced legal and judicial personnel longer.