The Magistrates Association of Nigeria has condemned the continued exclusion of magistrates from major judicial reforms, calling on the National Assembly to amend the 1999 Constitution and grant them full recognition as judicial officers.

In a memo submitted at the Constitutional Review of North West Zonal Public Hearing by the Senate Committee in Kano, on Sunday, the association said magistrate, despite performing critical judicial functions, are treated as civil servants rather than judicial officers.

The memo was signed by the National President of the association, Saidu Safiyanu Umar.

SolaceBase reports that the association stated that magistrate courts handle the bulk of criminal cases in Nigeria—over 90 percent—as well as civil disputes, family matters, traffic offences, landlord-tenant issues, small claims, and even environmental and local government election petition matters.

It added that magistrates, all of whom are qualified legal practitioners with no less than five years post-call experience, also take the same judicial oath as justices of the Supreme Court and the High Court.

However, it expressed concern that magistrates are not recognised as judicial officers under Section 318 of the 1999 Constitution.

This lack of recognition, the association argued, has denied them the benefits and protections recently granted to other judicial officers.

It noted that President Bola Ahmed Tinubu has signed into law the Judicial Office Holders (Salaries and Allowances, etc.) Bill 2024 was approved and the Fifth Alteration to the Constitution (No. 37), which extended the retirement age of judicial officers to 70 years. Yet magistrates were completely excluded.

The association described the situation as inconsistent and unjust, saying, “Surprisingly, when it comes to practice and remuneration, magistrates were excluded and treated as civil servants.”

It further noted that although magistrate courts are created by state governors—excluding the FCT—they function under uniform criminal justice laws and are staffed by trained legal professionals who perform judicial functions.

To address this, the association urged the National Assembly to amend Section 318 of the Constitution to include magistrates as judicial officers.

It also called for the creation of a separate bill that would extend the retirement age of magistrates from 60 to 70 years, and establish a clear system of pensions, gratuities, and allowances specifically for magistrates.

It stressed that magistrates are neither civil servants nor currently defined as judicial officers, which leaves their status inaccurate and inconsistent.

Integrating magistrates into the judicial framework under the National Judicial Council, it argued, would promote uniformity, strengthen judicial accountability, and help curb corruption in lower courts.

Receiving the memorandum, the Committee Chairman and Deputy Senate President appreciated the association for having confidence in the constitution review committee for submitting their memo and promised that their demands would be looked into.