Child labour under Nigerian laws : an analytical discourse of their enforceability

Abstract

This research examines in a comparative manner the principles and rules relating to child labour under the Nigerian Laws. It is also an analytical discourse on their enforceability. It is a fact that many children are victims of child labour in Nigeria. Therefore, this thesis will study the causes of child labour in the nation and will also examine applicable laws on child labour under the Shariah, Civil and Customary laws to determine deterrent punishment for child exploiters. The premise of this work is to determine how the Shariah can assist in solving the problem of child labour. It also examines how biological parents can play significant roles in solving the multi-faceted child labour problems across the nation to put an end to the phenomenon. In providing a broader insight into child labour, the thesis will look into the United Nations Convention on Child Rights that prohibits child labour globally to evaluate its effectiveness in Nigeria . An attempt will also be made to harmonise the Civil law, Shariah, and the United Nations Convention to find a more effective solution in the interest of children at large. The research is conducted employing qualitative and quantitative methods using the available materials gathered from the library and the Internet. Materials that are obtained include the primary sources like legislation, the Qur’an and hadith, and textbooks by all the respected schools of Islamic law. Secondary sources such as encyclopaedias, law reports, theses, journals, periodicals and conference proceedings are also consulted. Similarly, many working children were interviewed across the nation as a sample and evidence of child labour in Nigeria. Some non-governmental organisations, lawyers, academicians were also interviewed on the subject matter. After examining all the relevant materials, it may be hypothised that the Shariah can assist in eliminating child labour by implementing Shariah provisions on Muslims only. It has been discovered by this research that lack of child maintenance, bad governance, corruption, poverty, ignorance, lack of child Act enforcements, and cheap labour caused and heavily contributed to child labour in Nigeria. This research hopes to provide significant suggestions to eradicate child labour completely from Nigeria in the interests of children, the family, and the nation in general.