Lagos Advocacy Group Rejects Inclusion of Law Officers in Magistrates’ Court Law Amendment

Ogunsakin Mustapha
8 Min Read
Justice Kazeem Alogba, Lagos State Chief Judge

The Lagos Advocacy Group has rejected the proposed inclusion of provisions relating to Law Officers and State Counsel in the amendment of the Magistrates’ Court Law of Lagos State, 2015, describing the move as an inappropriate attempt to introduce matters concerning the Executive arm of government into legislation principally regulating the Judiciary.

In a statement signed by its Convener and Publicity Secretary of the Nigerian Bar Association (NBA), Epe Branch, Comrade Yakubu Eleto, Esq., on Saturday, the group said it was concerned about the proposed amendment and urged the Lagos State Government and the Lagos State House of Assembly to withdraw the contentious provisions.

According to the group, Magistrates are judicial officers and part of the Judiciary, while Law Officers are officers of the Executive arm of government attached to the Ministry of Justice and employed within the framework of the Lagos State Public Service.

It argued that the two cadres were constitutionally and administratively distinct, making it difficult to justify the inclusion of provisions regulating the conditions of service of Law Officers in legislation primarily concerned with the administration, structure, jurisdiction and operation of Magistrates’ Courts.

The group said the principal legislation being amended did not originally purport to regulate the conditions of service of Law Officers, adding that introducing such provisions through the amendment raised questions about legislative propriety, transparency and the appropriate limits of amendment legislation.

The group, however, stressed that it had no objection to measures aimed at improving the welfare and conditions of service of Magistrates.

It said efforts to strengthen the Magistracy, retain experienced judicial officers and improve the administration of justice in Lagos State should be encouraged.

It also acknowledged that the proposal to increase the retirement age and years of service of Magistrates from 60 to 65 years and from 35 to 40 years respectively could be deserving of consideration, given the importance of experience in the administration of justice.

Similarly, it said the proposed increase in the monetary jurisdiction of Magistrates’ Courts from ₦10 million to ₦25 million could be considered, provided appropriate safeguards were put in place and the capacity and welfare of Magistrates’ Courts were comprehensively reviewed.

However, the group cautioned that reforms intended to strengthen the Magistracy should not be used as a vehicle for introducing an unrelated policy concerning Law Officers.

“If the Lagos State Government genuinely considers it necessary to extend the retirement age of Law Officers, there is an appropriate and transparent legislative route for achieving that objective,” the statement said.

The group further raised concerns about the welfare of Magistrates, particularly the alleged lack of official vehicles for some newly appointed judicial officers.

It claimed that some Magistrates, even after more than three years in office, still did not have official vehicles and were compelled to commute to work using motorcycles, commercial tricycles or taxis.

It therefore urged the Government to make the provision of official vehicles part of a comprehensive welfare package for Magistrates and ensure that newly appointed Magistrates receive vehicles within three months of their appointment.

On the proposed extension of the service years and retirement age of Law Officers, the group questioned the rationale for allegedly giving the cadre preferential treatment over other professionals in the Lagos State Public Service.

It asked why Law Officers should be singled out for such treatment when doctors, healthcare professionals, engineers, teachers, accountants, planners, surveyors, architects, administrators and other public servants also provide essential services to the state.

The group argued that, at a time when governments were dealing with institutional capacity challenges, manpower shortages and the need to retain experienced professionals, selectively altering the service conditions of one cadre without a broader policy framework could raise questions of fairness and administrative consistency.

It also expressed concern about the process through which the proposed provisions concerning Law Officers were allegedly introduced into the amendment Bill.

The group said it had gathered, although informally, that the provisions were not openly presented as part of the legislative consideration attributed to the original sponsor of the proposal, Hon. Ladi Ajomale.

It therefore called for greater transparency and urged the Government to make any proposed reform of Law Officers’ conditions of service the subject of a clear policy statement and proper consultation with relevant stakeholders.

According to the group, any review of the conditions of service of Law Officers should be undertaken through the appropriate Public Service and legislative framework and, where justified, applied fairly and consistently across the public service.

It further urged the Lagos State House of Assembly to safeguard the integrity of its legislative processes by subjecting the proposed amendment to rigorous scrutiny.

The group said an amendment Bill should not be used as a means of introducing an entirely new subject matter unrelated to the principal legislation without adequate legislative justification, consultation and transparency.

It also warned that the controversy could have wider political implications, given the significant role played by civil servants in the state, particularly as political parties prepare for another election cycle.

The group urged the Government to handle the matter with fairness, wisdom and transparency, arguing that selective amendments could create unnecessary resentment among other categories of public servants.

It therefore called on the Governor of Lagos State and the Speaker of the Lagos State House of Assembly to reconsider and discontinue the provisions seeking to extend the retirement age and years of service of Law Officers through the proposed amendment to the Magistrates’ Court Law.

“If the Government wishes to reform the conditions of service of Law Officers, let it do so through the proper legislative and administrative channels and within a comprehensive framework applicable to the Public Service,” the group said.

While commending any genuine effort to strengthen the Magistracy and improve access to justice, the group urged the Government not to allow such reforms to become entangled with what it described as a controversial and selective attempt to confer special treatment on one category of public servants.

It said Lagos State must uphold legislative transparency, fairness and the proper constitutional boundaries between the Judiciary and the Executive.

“This is not a battle against Law Officers. It is a battle for fairness, legislative integrity and the preservation of proper constitutional boundaries,” the group said.

The statement was dated September 5, 2026.

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