Examining the Igbo Apprenticeship System and Children’s Right to Work by Joshua Olewu
Abstract
One of Nigeria’s major tribes, ‘the Igbos (ndi Igbo)’, are well-known for being progressive in entrepreneurial endeavors within and beyond the shores of the Nigerian borders. Certain business traits have been associated with the Igbos. Most famous of these is the widely practiced apprenticeship system (‘igba boi’). This system is becoming unpopular (but not eroded) in the present day due to certain social changes. Most participants in this scheme are young people below the age of 18 years and the system is feared to, sometimes, allow exploitation of the child. The defenseless nature of children, their poor family background, low literacy level, close ties of parties to the apprenticeship arrangement and less formality in initiating apprenticeship relationships have been found to create a room for the abuse of the rights of the children involved in the scheme. Hence, a review of the rights of the child in relation to labour becomes necessary and important. This piece, through a doctrinal method, seeks to x-ray the nitty-gritty of ‘igba boi’ (Igbo apprenticeship system) via philosophical and legal lenses. It identifies the rights of the child in relation to labour as obtainable under relevant statutes in Nigeria and the abuses from the identified apprenticeship system, while propounding and propagating solutions to curtailing these abuses.
KEYWORDS: Child Rights, Apprenticeship System, Igbo People, Child Labour, Igba Boi, Child Abuse, Dignity of the Human Person, Human Rights.
1 Introduction
The Igbo people are among the 3 major ethnic groups in Nigeria. They majorly dominate the present Southeast region of Nigeria, thus, Abia, Anambra, Ebonyi, Enugu and Imo states. The Igbos are vigorously industrious and notoriously entrepreneurial within the Igbo states, the whole of Nigeria and worldwide. They are well travelled and have minor ancestral presence in parts of Delta, Rivers and Benue states, Nigeria. The Igbos number approximately 40 million, which amounts to 23.5% of the total Nigerian population estimated at 170 million (Chinazor, 2016).[1] There is a popular acclamation amongst the Igbos about their undoubted presence all over the world as indices of a city/country wholesome for habitation. They speak the Igbo language in its many dialects and have rich cultural values, philosophies and displays.
The stake of Igbo peoples’ participation in business in commercial cities of Nigeria is estimated (for want of verifiable statistics) at over N300 trillion for Lagos, double of that in Abuja at about N600 trillion while in Kano and Kaduna, Igbo investment is estimated to be above N10 trillion respectively. In Borno, Yobe, and Adamawa states, Igbo investments run into N5 trillion while in Plateau State, Igbo investment is hovering over N15 trillion (Clement, 2013).[2] The foregoing figures are not far from reality.
The Igbo apprenticeship system is a notable practice that has helped grow the business expertise and prominence of the Igbo people, and is commonly referred to as ‘igba boi’. This system requires an agreement between a parent(s) and an established business expert over a young person; that the child may be trained in business under the business master’s care and accommodation, for a specified period and with an understanding that the business master is to set the child up in business at the end of the specified period. Some challenges have however been identified with this arrangement.
Adekola[3] was apt in identifying one of the problems with the traditional apprenticeship system in Nigeria when he asserted that; ‘one major problem of apprenticeship system is that; it is generally believed to be meant for people who cannot do well in the formal education system or those whose parents cannot afford to sponsor their education’ (Adekola, 2013 p.403). He further states that “it is assumed that people undergoing apprenticeship are ‘never do well’ people and they are not given deserved respect like their counterparts in the formal school system.” He noted the obvious attitude of the masters, lack of funding, outdated and unimplemented policy and lack of a standardized curriculum set out for the practice of the apprenticeship system as some of its problems. Adekola suggests the enunciation of policies which identify universal standards for successful systems, as a solution to the identified problems. He, however, did not center his piece on exactly the Igbo Apprenticeship System.
Ajanwachukwu[4] did a crucial analysis to show that not all engagements of children in labour amounts to explorative labour, hence, does not consider the Igbo apprenticeship system a form of child labour. While Ishamael Iwara, in his insightful piece[5], provided a SWOT analysis of the Igbo traditional business school, noting non-settlement and the absence of a strong legal regime etc. as weaknesses of the scheme.
The defenseless nature of children, their poor family background, low literacy level, close ties of parties to the apprenticeship arrangement and less formality in initiating apprenticeship relationships have been found to create a room for the abuse of the labour and general rights of children involved in the scheme.
This research will adopt existing field surveys on the persons who have participated in the Igbo apprenticeship system, applicable Nigerian laws and other existing materials; to identify the labour rights of persons considered children in Nigeria, discuss the possible abuses in the identified apprenticeship system and recommend solutions to Government, parents and the society on curtailing the abuse of children’s rights to labour.
This topic is deserving of examination as existing literature only review the participation of children in apprenticeship in relation to their health, education, obligation to take care of family needs, child labour and related scope.
This work takes a philosophical and legalistic view on the issue of the Igbo Apprenticeship System (IAS) – “igba boi”, particularly, the rights of the child in relation to labour and the possible abuses the IAS does to these rights.
2 Understanding the Igbo Apprenticeship System
Classic apprenticeship involved indentures that bound master and apprentice for a pre-specified period during which the master undertook to teach the apprentice, provide him with board and lodging, introduce him to the modus operandi of his trade, and safeguard his moral welfare. In return, the apprentice promised to work for his master as he trained and sometimes provided a premium or cash payment.[6]
Achieving a meaning for the Igbo Apprenticeship System (hereinafter referred to as IAS or igba boi) would be more explanatory than a definition. The IAS is an age-long procedure where a young person (the boi) enters into an arrangement (usually championed by his caregivers) with an older person who is established in business or any other venture (the oga).
This arrangement creates an avenue for the boi to undergo a series of practical entrepreneurial training and mentorship under the watch and in the business of the oga. This arrangement is to last for a certain period of years with the prospect that at the successful end of the agreed period, the oga would establish the boi in business.
Persons involved in this business training and mentorship process can be trained in different ventures, vocations, trades, and enterprises, whichever the oga is engaged in. The specific venture to which the apprentice is trained in, is usually specified from the onset of the arrangement especially where the business master runs more than one business.
Certain responsibilities of both parties are notable during the course of the apprenticeship. While the boi is required to unreservedly serve his oga and run business and domestic errands for him, the oga reserves the obligation to shelter him, feed him and at the end of the agreed period, avail the boi of the necessary skills, mentorship, networking, and funds, etc. to get him started in the business.
The forgoing elucidation underscores the following;
- The business Mentee is usually a young person.
- The primary parties to the arrangement are the “oga” and the “boi”.
- The arrangement is for a period of years usually determined from the onset of the relationship. It may be 6 to 7 years.
- It is an informal business education process.
- Both parties have certain responsibilities one to another.
- The process is a means to an end.
- It is not “prima facie” child labour.
2.1 Philosophical Background of the IAS
Entrenched in Igbo proverbs, attitudes, and lifestyles; are grounded reasoning which underpins the practice of igba boi. The core of the following discussion is based on the forging.
Progressive communal living was prominent in Igboland and due to closely knitted kinship ties, Igbos began to help their brethren grow in wealth and fame. This is closely attached to the proverbial philosophy; ‘onye aghala nwanne ya’, meaning; no one should leave his brethren lagging behind.
By so doing, Igbos increase competition in their areas of entrepreneurial endeavors and hence, defy the normal rule in economics that business will flourish by reducing competitors.
Praise and recognition of wealth created through hard work prevailed amongst the Igbos. This attitude supports the igba boi system as deducible from a variety of Igbo proverbs. This includes;
- ‘nwata kwocha aka, o soro ogaranya rie nri’ which means; a child who washes his hands clean, would dine with nobles/ elders/wealthy men.
- ‘aruo n’anwu, erie na ndo’ which reasons that enjoyment comes after hard-work.
- ‘aka aja aja na-ebute onu mmanu mmanu’ which reasons that a hand stained with hard-work, brings forth enjoyment.
- ‘onye fee Eze , Eze eru ya aka’ which reasons that he who serves the king would become a King thereafter.
The genesis of these proverbs predates written history but the philosophies they express are forever valuable. They philosophically explain the worldview of the Igbos regarding igba boi and wealth creation generally. The decline in the prevalence of the apprenticeship system is caused by inclination to quick riches, gross materialism and individualistic living; as against communal living amongst existing Igbo population.
2.2 The Lines between Apprenticeship and Skill Acquisition
The schemes of “imu-ahia” (business coaching), or “imu-oru” (skills/craft/vocational training) are different arrangements from ‘igba boi’. These schemes are rather used to portray a learner who is just at the business establishment of a business person or skilled worker for learning purposes. It is mainly for those who have some business interest but lack knowledge of its rudiments. Lack of capital is usually not an issue for such persons. These may also apply to traders who wish to diversify their business interests; they can get attached with persons knowledgeable in the area they wish to extend to learn its nuances.
These other arrangements do not require a long period of years as igba boi and the kind of close relationship between the parties engaged in the igba boi system. It is also a distinguishing factor worthy of note that these other schemes require the skill or business learner to pay a fee to the person or establishment coaching him in such business; this is not applicable in the IAS. Similarly, the business coach has no undertaking to set his students up in business at the end of their learning period.
There is a clear line between skill acquisition identified in the Igbo parlance as; ‘imu ahia or imu oru’ and the IAS (igba boi). Length of time and cost of learning, obligations of parties, level of close relationship, provision of basic needs etc. are distinguishing factors. Aljazeera reports the actual engagement of some children in jobs and vocations cutting across various areas of business and life (Aljazeera, 2021).[7] This well represents ‘imu oru/ahia’ (skill acquisition) and ‘iru oru’ (working); and not the Igbo Apprenticeship System.
3 Whether the Igbo Apprenticeship System amounts to Child Labour
Section 28 of the Child Rights Act, depicts the legal prohibition of child exploitative labour. Hence, provides that subject to the Act, no child shall be;
(a) subjected to any forced or exploitative labour; or
(b) employed to work in any capacity except where he is employed by a member of his family on light work of an agricultural, horticultural or domestic character; or
(c) required, in any case, to lift, carry or move anything so heavy as to be likely to adversely affect his physical, mental, spiritual, moral or social development; or
(d) employed as a domestic help outside his own home or family environment.
(2) No child shall be employed or work in an industrial undertaking and nothing in this subsection shall apply to work done by children in technical schools or similar approved institutions if the work is supervised by the appropriate authority.
On the issue of child labour (a very critical issue in Nigeria), statistics point to the top on the involvement of children in employment. These statistics are as reported by Samantha[8] thus;
‘that estimates determine that the current number of child workers in Nigeria is 15 million according to the International Labor Organization (ILO). At a staggering 43% of the total population of minors, it is the highest recorded rate of child labor in Western Africa. The poverty rates have risen almost 20% — up from 53% in 2003 — in the span of 7 years, according to the World Bank and CIA World Factbook. This environment of financial strife causes more and more families to expect their children to go out to work and contribute an income (Samantha, 2020)’.
The distinction projected by an erudite author (Ajanwachukwu, 2016),[9] becomes quite instructive to show that not all engagements of children in labour amounts to exploitative labour. In canvasing for what he referred to as moving from child labour to child entrepreneurship, he cites Christiaan and Ravi[10] thus:
‘…for the purpose of defining a policy towards child labor, both the nature of work and the nature of the relationship between the child and the employer, must be considered. A key element is whether the arrangement is exploitative. In the extreme, this can take the form of bonded labor, quasi-slavery, or feudal relationships. In many cases, a debt incurred by parents is the ‘bond’, which forces the child to work towards the payment of the debt… However, other aspects of child labor can also be considered exploitative such as when the child starts full-time work at too little an age and works many hours or when the work puts excessive physical, social and psychological strains on the child and hampers the child’s development in these areas (Christiaan and Ravi, 1994)’.
The forgoing depicts the unacceptable child labour. The Igbo apprenticeship system does not fall within this category of unacceptable labour, having in mind its various characteristics and, as pointed in the above quote, the nature of the job and the relationship between the child and his employee. Further, where the nature of the job or arrangement for the child does not depict exploitative labour, the arrangement may still be considered as exploitative labour if it proves to provide possibilities of violations on the rights and interests of the child.
4 Rights of the Child in Relation to Labour
To every iota of human endeavor, there is usually a law attached. The level of growth of a society however, determines how clear and robust the laws provide for every human endeavor. It is either that legislation which thrive in the society makes some indirect implications or that such matters have been particularly legislated on. Where any of these is absent, there could still be some norms guiding each life business.
The Nigerian legal system does not per se, record laws and regulations governing the Igbo apprenticeship system and schemes of its kind.
However, due to certain factors like the parties involved, the sector which the scheme points to, etc., laws of the Federation governing such sectors as labour and employment, rights of certain age brackets etc., may have implications for the apprenticeship system.
Special care is accorded to a child by the law. The law requires that the paramount concern in any dealing or arrangement which involves a child shall be to the favour of the child’s care, protection and welfare.
The foregoing, brings to mind the following laws;
- The Constitution of the Federal Republic of Nigeria, 1999 as amended [hereinafter referred to as CFRN]. This enquires whether the Igbo apprenticeship system is tantamount to
- The Labour Act.[11] This enquires into the limitation on the period of time within which such schemes should run.
- The Child rights Act (CRA).[12] This examines the position of law as it relates to the involvement of children in Igbo apprenticeship system.
The discourse on the rights of the child in relation to labour will be discussed under the above-listed laws. Notwithstanding the enlisted laws, the African Charter on the Right and Welfare of the Child and the United Nations Convention on the Right of the Child, are relevant instruments on the subject matter. However, only the list of Nigerian domestic laws would be examined.
4.1 Under the Constitution of Nigeria
The CFRN is the most basic law of the Nigerian Federation. It is the most basic law and as constitution, its force supersedes that of any other law in the country.
The CFRN in protecting the fundamental rights of Nigerian citizens to dignity of human person specifies that no person shall be held in slavery or servitude or to perform forced labour – section 34(1) (b) and (c).
Servitude denotes complete subjection to the control of someone more powerful such that the person being subjected attends to every whim and caprice of the powerful. Whether the Igbo apprenticeship system (igba boi) amounts to servitude is a question worth answering.
Despite the use of the word; “master” in the Igbo apprenticeship arrangements, the business mentee is not in subjection as suggested by the meaning of servitude above.
In an IAS, the apprentice is put under the care and supervision of a master in a particular vocation or trade so that the individual can learn on the job while serving the interest of the master. The arrangement is to last (usually) for a known period and the parties have obligations one to another.
4.2 Under the Labour Act
The Labour Act is Nigeria’s primary legislation which regulates the employment and labour industry in the country as it relates to the relationship of an employer and the employee.
The law in section 49(1) of the Labour Act provides that;
“the parent or, in the case of an orphan, the guardian of a young person above the age of twelve years and under the age of sixteen years may, with the consent of that person testified by his execution of a written contract of apprenticeship, apprentice that person to an employer to train him or have him trained systematically for a trade or employment in which art or skill is required, or as a domestic servant, for any term not exceeding five years”.
Pointed out in the above excerpt of the law is that the minimum age for apprenticeship is 12, and that when a child is to participate in an apprenticeship, the parents or guardians of such child are the ones to give him to such scheme and that such schemes shall be for any term not exceeding 5 years.
Where the child is of age 16 or above and is not under any apprenticeship contract, he can give himself to apprentice for a term not exceeding 5 years (section 49(3) Labour Act).[13]
The Igbo apprenticeship scheme sometimes last up to 7 years. Does this amount to a breach of this law? This work answers in the negative. Considering the nature of the trade or vocation, the age of the business mentee, his speed in learning and the interest of the master; the determination of the arrangement may be extended beyond 5 years for certain reasons and considerations.
The law provides in section 50 (1) of the Labour Act that: every contract of apprenticeship and every assignment thereof shall be in writing; and no such writing shall be valid unless attested by and made with the approval of an authorized labour officer certified in writing under his hand on the contract or assignment.
The above is not given strict adherence in the Igbo apprenticeship system. Even where agreements are written as mandated above, the practice of subjecting it to the review of an authorized labour officer as required by law, is not a usual practice.
Regarding other provisions of the Labour Act, it is doubted that the provisions refer strictly to the igba boi scheme. For instance, the igba boi scheme does not provide the payment of wages to the business mentee, rather, an undertaking to set up the business mentee in business at the end of a defined period.
However, a rather pragmatic approach is recommended; that parents and guardians make steps to ensure that the apprenticeship arrangement their ward has with any business master is secured by state authorities and well-drafted binding agreement. This would positively aid the pursuit of rights and enforcement of obligations in such relationship; so much more as the default of business masters to keep their promises is on the increase.
4.3 Under the Child Rights Act
The CRA is the law that guarantees the rights of children in Nigeria. It is a federal legislation and only directly applies to the Federal Capital Territory. Out of the 36 federating states of the Federal Republic of Nigeria, only 24 have adopted the CRA through their various state legislatures.
The relevance of the CRA to this discussion centers on circumstances that records the involvement of a person defined under section 277 of the CRA as a child, in the Igbo apprenticeship scheme i.e. a person below the age of 18 years.
This traditional business school usually records most of its participants as young people. Practice records that certain business masters may not accept persons of advanced ages to their care for apprenticeship due to issues of disobedience, conflict of interests and other fears.
Section 14 (1) (a) of the CRA provides that every child has a right to parental care and protection, and accordingly, no child shall be separated from his parents against the wish of the child except for the purpose of his education and welfare.
Having established that apprenticeship schemes do not bring the child or any person engaged in them to servitude; a person admitting a young person as a business mentee (boi) assumes the status of a guardian in the life of such young person. So, parents do not intend to sell of their child into slavery.
The process which requires the child to be separated from his/her parents, is clearly for his development and welfare. Hence, the scheme does not on its own, breach the provisions of the Act as above. Little wonder why the business mentor (oga) is obliged under the scheme to at least, take care of the boi’s basic needs: shelter, clothing and food. Failure to uphold these obligations may give rise to the intervention of the parents of such young person to register their displeasure and seek a stop to any ill-treatment and/or withdraw the child from the care of his business mentor (whichever they consider to be in the best interest of the child).
The obligations of a caregiver to young persons are mandatorily established by section 20 of the CRA thus: that every guardian (in this instance, the oga) being a person responsible for the care, maintenance, upbringing, training and employment of the child has the duty to provide the necessary guidance, discipline, education and training for the child in his or her care.
On a second note, whenever a child is involved in an apprenticeship scheme, it should be borne in mind that the CRA prohibits exploitative labour of the child or the imposition of any labour that is likely to adversely affect his physical, mental, spiritual, moral or social development.[14]
Any person who engages a child in an exploitative labour commits an offence and is liable on conviction to a fine not exceeding fifty thousand naira or imprisonment for a term of five years or to both such fine and imprisonment.[15]
Section 30 of the CRA adopts the force of the Labour Act in its provisions relating to young persons.
The core of the CRA as provided in section 1 is for all persons and authorities to put the care, protection and welfare of the child as a paramount concern. Hence, section 33 of the CRA stresses the prohibition of any act which exploits a child in a manner prejudicial to his welfare. Contravention of this is made an offence under the Act and is punishable upon conviction to a fine of five hundred thousand naira or imprisonment to a term of five years, or to both such fine and imprisonment.
The rights of the child as enunciated in the foregoing discussions are enforceable at the family courts established pursuant to the CRA.
5 Violations of the Rights of the Child in Igbo Apprenticeship System
The CRA adopts the Chapter IV of the CFRN 1999 which makes provisions as to the fundamental human rights of Nigerian citizens (section 3 CRA).[16] Section 11 of the CRA clearly makes provisions on the right of the child to dignity of the human person with its particulars. The ills faced by children during the course of igba boi are also discussed in this chapter in relation to the provisions of section 11 and more. The provisions of the section are provided below:
“Every child is entitled to respect for the dignity of his person, and accordingly, no child shall be‐
(a) subjected to physical, mental or emotional injury, abuse, neglect or maltreatment, including sexual abuse;
(b) subjected to torture, inhuman or degrading treatment or punishment;
(c) subjected to attacks upon his honor or reputation; or
(d) held in slavery or servitude, while in the care of a parent, legal guardian or school authority or any other person or authority having the care of the child”.
There is a lack of statistical data regarding the ills faced by children in business apprenticeship. This may be due to lack of reporting of the incidents, the close family ties between the parties, poverty and hopelessness should the arrangement terminate, fear and intimidation etc.
However, available from informal interactions with persons undergoing or that have undergone the igba boi system, are the following problems which are violations of the interest of the child involved in the arrangement. These violations exist and they prevail largely because of the close ties of relationship, poverty, lack of education etc., prevalent in such arrangements. A study of the Household Equipment Line, Main Market Onitsha, Nigeria by Chinazor,[17] indicates the following data as to age range, relationship of parties and duration of the arrangement, educational background, family wealth information and settlement outcome. The result shows that the parties in the shoes of the apprentice are mostly male, young, poorly educated, has considerable communal relationship with the business master and of poor background.
The findings are relevant to this discussion and are hence, replicated below:
Table 1. Analysis of Data (Chinazor, 2013)
| Sex | Frequencies | Percentages |
| Male | 75 | 70.0 |
| Female | 32 | 30.0 |
| How old were you when you started learning business? | Frequencies | Percentages |
| <7 | 8 | 7.4 |
| 8–10 | 46 | 42.9 |
| 11–13 | 32 | 29.9 |
| 14–16 | 13 | 12.1 |
| 16< | 8 | 7.4 |
| Age of Traders | Frequencies | Percentages |
| Less than 30 | 22 | 20.6 |
| 31–45 | 48 | 44.9 |
| 45–59 | 27 | 25.2 |
| 60 and above | 10 | 9.3 |
| Educational qualification | Frequencies | Percentages |
| No school certificate | 21 | 19.6 |
| First school-leaving certificate | 11 | 10.2 |
| Secondary school/ Primary school drop-out | 34 | 31.7 |
| WAEC/NECO/GCE | 19 | 17.7 |
| OND/NCE | 8 | 7.4 |
| BSC/HND | 7 | 6.5 |
| Others | 3 | 2.8 |
| Certificate in view | 4 | 3.7 |
| Family background of the respondents | Frequencies | Percentages |
| Rich family | 30 | 28.0 |
| Poor family | 50 | 46.7 |
| Average family | 27 | 25.3 |
| For how many years did you serve your master/mistress? | Frequencies | Percentages |
| Less than 4 | 18 | 22.5 |
| 4–7 | 50 | 62.5 |
| 8 or more years | 12 | 15 |
| Relationship with the master/mistress | Frequencies | Percentages |
| The same family | 20 | 25 |
| The same town | 42 | 53 |
| From other town or state | 18 | 22 |
| Were you settled by your master/mistress? | Frequencies | Percentages |
| Yes | 60 | 75 |
| No | 20 | 25 |
Deduced from these studies and more, are the following violations to the right of children in IAS arrangements.
5.1 Sexual Abuse and Cruelty
Age affects human behavior but this paradigm is not applied for a good number of children undergoing apprenticeship. They are punished, and sometimes in the most cruel way, upon every mistake or misconduct. The use of belt to chastise, starvation, denial of transportation fare to the place of business, verbal, emotional, social or physical bullying and other ills are mostly obtainable. Sometimes, these acts are perpetrated by the master, the spouse or even their offspring. About 8 out of every 10 apprentices (boi) have faced these abuses and cruel gestures.
Inclusive of the abuses faced by young persons is sexual abuse. Some stories may reveal the desire, trial or actual engagement of young persons in sexual relations by mostly the spouses of the master (oga). Some are required by female spouses to wash their underwear.
About 5 out of every 10 apprentices who never get settled in business were sacked on reasons of complaint from their master’s wife. Refusal to engage the spouse in her lustful desires may result to false accusations which may finally lead to the apprentice being kicked out or faced with other challenges.
The foregoing run contrary to the statutorily established interests of the child pursuant to section 11 of the CRA as encapsulated above.
5.2 Denial of settlement
For any reason including those discussed above, the boi can get sacked and kicked out of the scheme. There could also be accusations of theft, damage etc. as reasons for denying the boi the agreed settlement. Some of these happen midway into the arrangement while others happen at the lapse of several years as envisaged by the arrangement. Such outcomes for the child’s several years of labour and hopefulness cannot be said to support his interest. Such acts grossly violate the indices that could lead to the child’s development and growth. This point proves true by 20 percent, according to the table above.
NB: Here is an interesting note on the damaging effect of the abuse of the apprenticeship system: this research was conducted during a period of gross security challenge in the South Eastern part of Nigeria (2022) where the Igbos are largely situated. These crimes center on banditry and armed conflicts with their perpetrators being young persons and mostly males. This factor is relevant in the sense that some perceived abuses in the Igbo traditional apprenticeship made some young persons jobless and available in the crime areas (villages) and motivated to join criminal gangs for survival or infliction of hate on society. Further research is however recommended on this area to further espouse on its nuances.
5.3 Settlement with Ridiculous Amount
The situation explained in number 2 above could result to the settlement of business mentees with amounts only equal to a safe transport to the village. There are instances where the settlement fund is reduced to one hundred thousand naira (#100,000) for a 9-year service period. This typically happens where there are accusations of theft, damage and mismanagement against the boi. The master could cunningly assert that he made deduction of those losses and can only make the balance available to the boi.
The Igbo apprenticeship system (igba boi) is not prima facie servitude or slavery but the occurrence of these ills portrays the subjection of the child to slavery or servitude. These are crude violations of his rights to the dignity of human person and a huge discouragement to his future. Little wonder some of them end up as touts in the city or village.
5.4 Defamation
Some persons who are engaged in igba boi sometimes suffer defamatory imputation by their masters. Such imputation of criminal acts, sexual misbehavior etc, lowers their estimation in the markets, before businessmen and competitors, family members and peers.
The above four headings are not exhaustive of the ills faced by apprentices under the igba boi system but they have showed that certain interests of the persons engaged in the process get violated in the process. They are great attacks to the young person’s reputation, inhumane, abusive and every negative word used in the law.
6 Recommendations
This work encourages parents to be more pragmatic in agreeing to their children’s involvement in apprenticeship arrangements. Upholding this would make the intention to create legal relations between the parties obvious and ensure that there will be a right capable of enforcement in court in favour of the child in cases of default on the part of the master.
This can be achieved by registration of the apprenticeship agreement with the appropriate labour officer, involving persons learned in the law in these transactions for the negotiation of favourable terms, and having a written agreement that spells out specific terms and as well witnessed by credible persons.
Beyond the foregoing, it is also suggested that parents should take proactive steps in championing the interest of their wards through the family courts, enforcement of human rights etc.
The law should make standards requiring masters to prove accusations leveled against their business mentees in a bid to avoid setting them up in business.
A holistic legal framework is a desirable solution to be embraced; to cover the scope of the negotiation of terms, the agreement, rights and obligations of parties, term of years, remedies in cases of breach and other relevant aspects of the arrangement.
The courts are ultimately an avenue to see that the rights of an aggrieved party in this kind of scheme are protected. Hence, it is recommended that the apprentice in this instance should approach the court if of majority age or through his legal representatives. The courts should in turn, in good conscience and equity, address issues of violations in the apprenticeship system as justly and judiciously as possible.
7 Conclusion
This piece began its enquiry by expressing the identity of the Igbo people of Nigeria and explaining the concept of “igba boi”, the Igbo apprenticeship system through philosophical and economic lenses. Also shown are the distinctions between the IAS and other forms of skill acquisition and trade learning practiced amongst the Igbos. The work identifies the parties involved in most apprenticeship arrangements and there was an obvious pointer to the involvement of persons under the age of 18 years.
Basic laws in force in Nigeria have been briefly reviewed in relation to the rights of the child vis-à-vis labour and the findings showed that the law prescribes certain rules and procedures to be adopted qua every dealing that involves a child. The system is proved not to be subjecting the child to servitude.
The master in the relationship is portrayed in this work as a guardian over the child and hence owes him basic responsibilities that points towards his growth and development in addition to the promised settlement.
The investigation done by this work reveals the ills faced by business mentees while their mentorship progresses. Some are crudely maltreated and sometimes denied their settlement at the end of the agreed period. This is clearly not in favour of the good and interest of the child which the law requires to be of paramount concern to every parent, guardian or any caregiver to the child.
[1] Chinazor, O., “Induction Strategy of Igbo Entrepreneurs and Micro-Business Success: A Study of Household Equipment Line, Main Market Onitsha, Nigeria”, ACTA University Sapientia, Economics and Business 4 (2016) 43-65 DOI: 10.1515/auseb-2016-0003
[2] Clement U., ‘The Igbos have more at stake in Nigeria’, Vanguard 2013 https://www.vanguardngr.com/2013/07/the-igbos-have-more-at-stake-in-nigeria/
[3] Adekola G., ‘Traditional Apprenticeship in the Old Africa and Its Relevance to Contemporary Work Practices in Modern Nigerian Communities’, British Journal of Education, Society & Behavioural Science] 3(4): 397-406, 2013
[4] Ajanwachukwu, M., “Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship” Rechtsidee 2016 3(2) 71-84 <https://www.researchgate.net/publication/313867930_A_Critical_Review_of_Child_Labour_in_Nigeria_and_The_Case_for_Child_Entrepreneurship> accessed 2 June 2022.
[5] Iwara, I., ‘The Igbo Traditional Business School (I-TBS): A SWOT Review Synthesis’ Indigenous African Enterprise (pp.39-55) DOI:10.1108/S1877-636120200000026004 accessed 2 June 2022.
[6] Jane, H., “Childhood and Child Labour in the British Industrial Revolution”, Cambridge University Press 2010 pp. 256 – 305 DOI: https://doi.org/10.1017/CBO9780511780455.010 accessed 2 June 2022.
[7] Aljazeera, “Meet Nigeria’s Child Apprenticeship”, Al Jazeera 2021 <https://www.aljazeera.com/features/2021/5/27/meet-nigerias-child-apprentices> accessed 2 June 2022.
[8] Samantha, D., “10 FACTS ABOUT CHILD LABOR IN NIGERIA”, The Burgen Project Blog <https://borgenproject.org/child-labor-in-nigeria/> accessed 2 June 2022.
[9] Ajanwachukwu, M., “Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship” Rechtsidee 2016 3(2) 71-84 <https://www.researchgate.net/publication/313867930_A_Critical_Review_of_Child_Labour_in_Nigeria_and_The_Case_for_Child_Entrepreneurship> accessed 2 June 2022.
[10] Christiaan, G. and Ravi, K., “Child Labor: A Review” (The World Bank, 1994) cited in Micheal Ajanwachukwu, ‘Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship’ Rechtsidee 2016, 3(2) 71-84 <https://www.researchgate.net/publication/313867930_A_Critical_Review_of_Child_Labour_in_Nigeria_and_The_Case_for_Child_Entrepreneurship> accessed 2 June 2022.
[11] CAP L1 LFN 2004.
[12] 2003- Act No. 26 of 2003; CAP C50 LFN 2010.
[13] Section 49(3) Labour Act
[14] Section 28 of the CRA
[15] Section 28(3) of the CRA
[16] Section 3 of the CRA
[17] Chinazor, O., “Induction Strategy of Igbo Entrepreneurs and Micro-Business Success: A Study of Household Equipment Line, Main Market Onitsha, Nigeria”, ACTA University Sapientia, Economics and Business 4 (2016) 43-65 DOI: 10.1515/auseb-2016-0003
Joshua Uchechukwu Olewu, LL.B (UNN), ACArb; with special interests in Business Advisory and Corporate Governance, Corporate and Commercial Law, Arbitration and Intellectual Property Law can be reached via email: Joshuauolewu@gmail.com.
