Home » LAGOS ADVOCACY GROUP REJECTS ATTEMPT TO SMUGGLE LAW OFFICERS INTO MAGISTRATES’ COURT LAW

LAGOS ADVOCACY GROUP REJECTS ATTEMPT TO SMUGGLE LAW OFFICERS INTO MAGISTRATES’ COURT LAW

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The attention of the Lagos Advocacy Group, has been drawn to the proposed amendment of the Magistrates’ Court Law of Lagos State, 2015, and we consider it necessary to raise serious concerns over the calculated attempt to introduce provisions relating to Law Officers/State Counsel into a legislation fundamentally designed to regulate the Magistracy and Magistrates’ Courts in Lagos State.

We condemn the attempt to equate Magistrates in Lagos State with Law Officers or making recommendations in the new amendments Law Officers will no longer be regulated by the Civil Service Rules but with Magistrate Courts Rules.

For crying out loud, Magistracy as we all know is an institution of the Judiciary, whereas Law Officers are officers of the Executive arm of government attached to the Ministry of Justice in the state, employed and regulated within the framework of the Lagos State Public Service. The two are constitutionally and administratively distinct.

It is therefore difficult to understand the legislative rationale for inserting provisions specifically benefiting Law Officers into a law whose principal subject matter is the administration, structure, jurisdiction and operation of Magistrates’ Courts.

More troubling is the fact that the principal legislation proposed to be amended does not, in its original legislative scheme, purport to regulate the conditions of service of Law Officers. The attempt to introduce such a fundamentally different subject matter into the amendment therefore raises serious questions about legislative propriety, transparency and the limits of amendment legislation.

At this juncture, we wish to make our position clear: we have no objection whatsoever to improving the conditions of service of Magistrates.

Indeed, any genuine effort to strengthen the Magistracy, retain experienced judicial officers and improve the administration of justice in Lagos State deserves commendation.

The proposal to extend the retirement age and years of service of Magistrates from 60 to 65 years and from 35 to 40 years, respectively, may be deserving of consideration, particularly given the importance of experience in the administration of justice.

We equally acknowledge the proposal to increase the monetary jurisdiction of Magistrates from ₦10 million to ₦25 million, subject to appropriate safeguards and a broader review of the capacity and welfare of the Magistrates’ Courts.

However, what is good for the Magistracy must not become a vehicle for an entirely different legislative agenda.

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. It should not be smuggled into a judicial legislation under the guise of an amendment to the Magistrates’ Court Law.

Infact as we speak most Magistrates still don’t have official vehicles that take them to work but commute themselves on motorcycles, Keke Maruwa or in jaded yellow taxis after over three years of appointment.

The proposed law should also center on welfare of the Magistrates and should include that Magistrates should be given vehicles within their three months of appointment.

Law Officers are public servants. They operate within the broader framework of the Lagos State Public Service and are subject to the applicable Public Service Rules.

If the argument is that Law Officers deserve an extension of their years of service from 35 to 40 years and their retirement age from 60 to 65 years, then the same question must be asked:

What makes Law Officers so uniquely deserving that they should be singled out from other professionals serving the Lagos State Public Service?

What of the doctors and other healthcare professionals who continue to serve millions of Lagosians?

What of engineers, teachers, accountants, planners, surveyors, architects, administrators and the countless other professionals whose expertise is indispensable to the development of Lagos State?

At a time when governments across the country are grappling with institutional capacity, manpower shortages and the retention of experienced professionals, selectively amending the service conditions of one cadre without a broader policy framework creates an obvious question of fairness and administrative consistency.

What is good for the goose must also be good for the gander.

We are also particularly concerned about the manner in which the proposed Law Officers’ provisions appear to have found their way into the Bill.

We gathered from grapevine that no such proposal was openly presented as part of the legislative consideration attributed to the original sponsor, Hon. Ladi Ajomale, when the proposal was being considered.

If the Government has a genuine policy objective to improve the retirement age and years of service of Law Officers, let it come openly and transparently before the people of Lagos State.

Let there be a proper policy statement.

Let the relevant stakeholders be consulted.

Let the Public Service framework be reviewed where necessary.

Let the proposal apply fairly and rationally across the Public Service where the policy justification exists.

But do not disguise a policy affecting Law Officers as an incidental provision in legislation dealing primarily with the Magistracy.

That is not the transparency Lagosians deserve.

The Lagos State Government must also appreciate the wider political implications of this controversy.

Civil servants constitute a significant and influential constituency in Lagos State. Their interests cannot be casually disregarded, particularly at a time when political parties are preparing for another election cycle.

A government that prides itself on inclusiveness, fairness and good governance must be seen to apply those principles consistently.

The insistence on a selective and potentially divisive amendment may unnecessarily create resentment where none ought to exist.

It is therefore in the political interest of the Government, the ruling party and, more importantly, the people of Lagos State, to ensure that this matter is handled with wisdom, transparency and fairness.

The Lagos State House of Assembly must jealously guard the integrity of its legislative processes.

An amendment Bill should not become a convenient instrument for introducing an entirely new subject matter unrelated to the principal legislation without adequate legislative justification, consultation and transparency.

The Assembly must demonstrate that legislation in Lagos State is driven by principle, public interest and constitutional propriety — not by sectional pressure or administrative convenience.

We therefore urge the Honourable Members of the House to subject the proposed amendment to the highest level of legislative scrutiny.

Lagos State deserves legislation that will stand the test of time and constitutional examination.

We respectfully call on His Excellency, the Governor of Lagos State, and the Rt. Hon. Speaker of the Lagos State House of Assembly to immediately 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 Lagos State Government has no reason to compromise its reputation for progressive governance over a provision that can be properly addressed through a more transparent and inclusive process.

We commend the Government for any genuine effort to strengthen the Magistracy and improve access to justice. We equally urge that such laudable reforms should not be allowed to become entangled with a controversial and selective attempt to confer special treatment on one cadre of public servants.

Lagos must not legislate by stealth.

Lagos must not institutionalise preferential treatment.

Lagos must not sacrifice legislative integrity for sectional interest.

The people deserve better.

The Public Service deserves fairness.

The Magistracy deserves proper support.

And the legislative process deserves transparency.

We therefore call for the immediate withdrawal of the contentious provisions relating to Law Officers from the proposed amendment and urge the Government to commence a broader, transparent and inclusive process if it intends to review their conditions of service.

This is not a battle against Law Officers.

It is a battle for fairness, legislative integrity and the preservation of proper constitutional boundaries.

Lagos State must lead by example.

Signed:

COMRADE YAKUBU ELETO, ESQ.
Convener Lagos Advocacy Group;
Publicity Secretary
Nigerian Bar Association, Epe Branch

5th September, 2026

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