A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship

Nigeria and the world over condemn forced or adverse physical, psychological, mental and emotional effect of it on children. What is condemned is not child labour per se, but child forced or exploitative labour. This paper analyses the con exploitative labour, distinguishes it from the accepted child labour and makes a case for the advancement from child labour to child entrepreneurship. It posits that the advancement to child entrepreneurship shall enable the Nigerian child to contribute their bit to the financial well Nigeria.

prohibits any work that is not forced or exploitative labour. Child labour is not with "forced or exploitative labour". In Nigeria, from the tenor of section 28 of the Act, what the law prohibits is child labour that is "forced or exploitative". This type of child labour is sometimes referred to as "bad" child labour, in cont "bad" and therefore allowed. This paper emphasizes that in Nigeria, what the law prohibits is child forced or exploitative labour, sometimes known as bad labour, not any labour not fallin within forced or exploitative or bad. This emphasis is important because in Nigeria and beyond, people talk of prohibition of child labour when they mean, prohibition of bad child labour. In the words of Christiaan Grootaert and Ravi Kanbur "when most people talk of child labor, t prostitution, or scavenging or backbreaking work on construction site, or long hours in a carpet factory, etc. Such "bad" child labor can be part child can both engage in schooling and in "bad" ch The emphasis that what is not accepted is not child labour is "bad" in otherwords "forced or exploitative" (as used in section 28 of Nigeria's Child's Rights Act) was expressed in these words: "For the purpose 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 for relationships. In many cases a debt incurred by the 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 work at too early an age, or works too 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 By this is meant that there is a difference between child labour (which is acceptable) and child forced or exploitative labour also known as bad labour (which is unacceptable). The difference is: "the socially accepted gradual exposure of the child to work and the exploitation gross undermining of the development prospects of the child in the labour process It is on account of the existence of child labour (that is acceptable) and child forced or exploitative also known as "bad" labour (that is unacceptable) that it has b prohibits any work that is not forced or exploitative labour. Child labour is not with "forced or exploitative labour". In Nigeria, from the tenor of section 28 of the Act, what the law prohibits is child labour that is "forced or exploitative". This type of child labour is sometimes referred to as "bad" child labour, in contract distinction from the one that is not "bad" and therefore allowed. This paper emphasizes that in Nigeria, what the law prohibits is child forced or exploitative labour, sometimes known as bad labour, not any labour not fallin ive or bad. This emphasis is important because in Nigeria and beyond, people talk of prohibition of child labour when they mean, prohibition of bad child labour. In the words of Christiaan Grootaert and Ravi Kanbur: when most people talk of child labor, they mean "bad" child labor such as prostitution, or scavenging or backbreaking work on construction site, or long hours in a carpet factory, etc. Such "bad" child labor can be part-time or full child can both engage in schooling and in "bad" child labor." 2 The emphasis that what is not accepted is not child labour per se but child labour that is "bad" in otherwords "forced or exploitative" (as used in section 28 of Nigeria's Child's Rights Act) was expressed in these words: For the purpose of defining a policy towards child labor, both the nature of the 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 the 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 work at too early an age, or works too 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." 3 there is a difference between child labour (which is acceptable) and child forced or exploitative labour also known as bad labour (which is unacceptable). The the socially accepted gradual exposure of the child to work and the exploitation gross undermining of the development prospects of the child in the labour process It is on account of the existence of child labour (that is acceptable) and child forced or exploitative also known as "bad" labour (that is unacceptable) that it has been asserted that Ravi Kanbur, "Child Labor: A Review" (The World Bank, 1994). m, "Child Labour in the Context of Globalisation in Nigeria," African Anthropologist 24, doi: 10.4314/aa.v10i2.23111. Crossref Google Scholar ), December 2016, 71-84 8595, E. ISSN. 2443 prohibits any work that is not forced or exploitative labour. Child labour is not synonymous with "forced or exploitative labour". In Nigeria, from the tenor of section 28 of the Act, what the law prohibits is child labour that is "forced or exploitative". This type of child labour is ract distinction from the one that is not "bad" and therefore allowed. This paper emphasizes that in Nigeria, what the law prohibits is child forced or exploitative labour, sometimes known as bad labour, not any labour not fallin ive or bad. This emphasis is important because in Nigeria and beyond, people talk of prohibition of child labour when they mean, prohibition of bad child hey mean "bad" child labor such as prostitution, or scavenging or backbreaking work on construction site, or long hours time or full-time, and a but child labour that is "bad" in otherwords "forced or exploitative" (as used in section 28 of Nigeria's Child's defining a policy towards child labor, both the nature of the 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 slavery, or feudal relationships. In many cases a debt incurred by the parents is the "bond", which forces the child to work towards the payment of the debt…However, other aspects of such as when the child starts full-time work at too early an age, or works too many hours or when the work puts excessive physical, social and psychological strains on the child and hampers the child's there is a difference between child labour (which is acceptable) and child forced or exploitative labour also known as bad labour (which is unacceptable). The the socially accepted gradual exposure of the child to work and the exploitation or gross undermining of the development prospects of the child in the labour process." 4 It is on account of the existence of child labour (that is acceptable) and child forced or een asserted that Ravi Kanbur, "Child Labor: A Review" (The World Bank, 1994). View Item African Anthropologist 10,

Review Article
A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship Mike Akpa AjaNwachuku "…children in purely traditional Nigerian societies were exposed to work within the confines of the family and in the process of the child internalizing the norms and values of his social group. Work in this situation was devoid of harmfu and exploitation. It was part of the process of learning through imitation.
Child labour (as opposed to forced or exploitative child labour or "bad" child labour) is accepted for it is the training of a child and a foundation for his dignity in labour. These have been captuered in these words "…in purely cultural or traditional settings, children were exposed to labour that was not injurious to their psycho auspices of the family. This sort of labour involvement was not readily tied to any significant economic considerations rather the family saw it as a process of exposing the child gradually to the demands of work and instilling the dignity of labour in him." 6 However, Nigeria 7 and the world over of a child. The reason is simply because that type of labour is psychological, mental and emotional wellbeing of children.
life of children and is a rape on their dignity. This paper readily agrees with the approval of child labour and disapproval of child forced or exploitative labour. Proactively, it makes a case for a shift from child labour child entrepreneurship and concludes that by that shift, the child would be able meaningfully contribute to the financial wellbeing of their family and the economic development of Nigeria.
The theoretical framework of this paper labour and child forced or exploitative labour; the case for child entrepreneurship for Nigerian children and conclusion that there is need for the involvement of Nigerian children in entrepreneurship.

Critical Review of Child Labour and Child Forced or Exploitative Labour
The impression has always been that child labour is socially or morally dangerous and harmful to children and deprives them of oppurtunities of 5 Ibid. 6 Ibid. 7 Sections 28 and 29 of the Child's Rights Act, (c) of the Constitution of the Federal Republic of Nigeria, 1999. 8 Some international instruments condemn child forced or exploitative labour. Instances are found i of the African Charter on the Rights and Welfare of the Child, 1989 and Article I of the United Nations Convention on the Rights of the Child, 1990.
A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship …children in purely traditional Nigerian societies were exposed to work within the confines of the family and in the process of the child internalizing the norms and values of his social group. Work in this situation was devoid of harmfu and exploitation. It was part of the process of learning through imitation.
Child labour (as opposed to forced or exploitative child labour or "bad" child labour) is accepted for it is the training of a child and a foundation for his self esteem, because there is dignity in labour. These have been captuered in these words: …in purely cultural or traditional settings, children were exposed to labour that was not injurious to their psycho-mental health and social development under the uspices of the family. This sort of labour involvement was not readily tied to any significant economic considerations rather the family saw it as a process of exposing the child gradually to the demands of work and instilling the dignity of labour in and the world over 8 condemn labour that is forced or exploitative of a child. The reason is simply because that type of labour is adverse psychological, mental and emotional wellbeing of children. Such labour could endanger the life of children and is a rape on their dignity. This paper readily agrees with the approval of child labour and disapproval of child forced or exploitative labour. Proactively, it makes a case for a shift from child labour child entrepreneurship and concludes that by that shift, the child would be able to the financial wellbeing of their family and the economic The theoretical framework of this paper shall consist of a critical labour and child forced or exploitative labour; the case for child entrepreneurship for Nigerian children and conclusion that there is need for the involvement of Nigerian children

ew of Child Labour and Child Forced or Exploitative Labour
The impression has always been that child labour is "work that is mentally, physically, socially or morally dangerous and harmful to children and deprives them of oppurtunities of f the Child's Rights Act, infra; sections 58-63 of the Labour Act, (c) of the Constitution of the Federal Republic of Nigeria, 1999. Some international instruments condemn child forced or exploitative labour. Instances are found i of the African Charter on the Rights and Welfare of the Child, 1989 and Article I of the United Nations Convention on the Rights of the Child, 1990.

__ 73
A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship …children in purely traditional Nigerian societies were exposed to work within the confines of the family and in the process of the child internalizing the norms and values of his social group. Work in this situation was devoid of harmful affects (sic) and exploitation. It was part of the process of learning through imitation." 5 Child labour (as opposed to forced or exploitative child labour or "bad" child labour) is self esteem, because there is …in purely cultural or traditional settings, children were exposed to labour that mental health and social development under the uspices of the family. This sort of labour involvement was not readily tied to any significant economic considerations rather the family saw it as a process of exposing the child gradually to the demands of work and instilling the dignity of labour in condemn labour that is forced or exploitative adverse to the physical, Such labour could endanger the This paper readily agrees with the approval of child labour and disapproval of child forced or exploitative labour. Proactively, it makes a case for a shift from child labour to child entrepreneurship and concludes that by that shift, the child would be able to to the financial wellbeing of their family and the economic itical review of child labour and child forced or exploitative labour; the case for child entrepreneurship for Nigerian children and conclusion that there is need for the involvement of Nigerian children

ew of Child Labour and Child Forced or Exploitative Labour
work that is mentally, physically, socially or morally dangerous and harmful to children and deprives them of oppurtunities of 63 of the Labour Act, infra and section 34(1) Some international instruments condemn child forced or exploitative labour. Instances are found in Article II of the African Charter on the Rights and Welfare of the Child, 1989 and Article I of the United Nations schooling and development" 9 . in a work to sustain self and or support family It can quickly be observed that while the former appraises child labour from the perspective of the effect on the child i.e. d the perspective of the reason for engaging in it i.e. self sustainability and family support.
There exsists yet another impression of what child labour is. The impression is that "child labour should be legally prescribed age in the labour sector for the benefit of a significant other. In this sense, child labour is the involvement of children in paid labour (including income generating activities and apprenticeship) or other activities that creates (sic) economic benefit especially for others beside the children so engaged This is so for the simple reason that " different people from different backgrounds and cultures predicated upon the culture of Nigeria that engaging a child in labour is training him to acquire self esteem, for there is dignity in labour.
in Nigeria but disallows same when it is "forced or exploitative" outlined in and condemned by the Act "the socially accepted gradual exposure of a child to work exploitative ("bad") child labour which is "the exploitation or gross undermining of the development prospects of the child in the labou . Another definition is that child labour means " in a work to sustain self and or support family" 10 .
It can quickly be observed that while the former appraises child labour from the perspective of the effect on the child i.e. dangerous and harmful, the latter appraises it from the perspective of the reason for engaging in it i.e. self sustainability and family support.
There exsists yet another impression of what child labour is. The impression is that child labour should be conceived as the economic exploitation of children below the legally prescribed age in the labour sector for the benefit of a significant other. In this sense, child labour is the involvement of children in paid labour (including income ies and apprenticeship) or other activities that creates (sic) economic benefit especially for others beside the children so engaged he simple reason that "child labour is captured and defined variously by different people from different backgrounds and cultures". In Nigeria, child labour is predicated upon the culture of Nigeria that engaging a child in labour is training him to e self esteem, for there is dignity in labour. 13 For this reason, the law allows child labour in Nigeria but disallows same when it is "forced or exploitative" 14 or under the circumstances outlined in and condemned by the Act 15 . In otherwords, Nigeria accepts child labour which is the socially accepted gradual exposure of a child to work" 16 but rejects or prohibits forced or exploitative ("bad") child labour which is "the exploitation or gross undermining of the development prospects of the child in the labour process" 17 . From the analysis of the meaning ), December 2016, 71-84 8595, E. ISSN. 2443-3497 http://ojs.umsida.ac.id/index.php/rechtsidee DOI Link: http://dx.doi.org /10.21070/jihr.v3i2.371 Another definition is that child labour means "a child engaging It can quickly be observed that while the former appraises child labour from the angerous and harmful, the latter appraises it from the perspective of the reason for engaging in it i.e. self sustainability and family support.
There exsists yet another impression of what child labour is. The impression is that:

child labour is captured and defined variously by
In Nigeria, child labour is predicated upon the culture of Nigeria that engaging a child in labour is training him to For this reason, the law allows child labour or under the circumstances s child labour which is but rejects or prohibits forced or exploitative ("bad") child labour which is "the exploitation or gross undermining of the known in other jurisdictions as child labour, and what is known in Nigeria as forced or exploitative labour. It has even been opined (and rightly in the view of the author of the paper) that when other jurisdictions talk about child labour, what they mean or refer to is forced or exploitative ("bad") child labour. This opinion was captured by Christ Kanbur in these words: "when most people talk of child labor, they mean "bad" child labor such as prostitution, or scavenging or backbreaking work on construction site, or long hours in a carpet factory, etc. Such "bad" child labor child can both engage in schooling and in "bad" child labor Child labour is encouraged in Nigeria as could be gleaned form the provisions of the Act 19 that made provisions for circumstances of child forced or exploitative labour and by implication made the circumstances outside of them as those of child labour and therefore allowed 20 . In the exact words of the Act, 1. … no child shall be a) subjected to any 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 he 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.

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.
By the respective provisions, 1. while it is forced or exploitative labour for a child to be e his family on a heavy character, it is not forced or exploitative labour rather, an accepted child labour for a 18 Ibid. 19 Child's Rights Act, cap C50 Laws of the Federation of Nigeria, 2010 hereinafter simple referred to as "the Act". 20 Ibid., section 28.

A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship
as used beyond Nigeria (or not contemplated under the Act) as x-rayed in this section of the work, there is no such distinction. However, inspite of the absense of the distinction what mn as child labour is what Nigeria condemns under the Act as forced or exploitative child labour. In substance therefore, there is no difference between what is known in other jurisdictions as child labour, and what is known in Nigeria as forced or ative labour. It has even been opined (and rightly in the view of the author of the paper) that when other jurisdictions talk about child labour, what they mean or refer to is forced or exploitative ("bad") child labour. This opinion was captured by Christiaan Grootaert and Ravi when most people talk of child labor, they mean "bad" child labor such as prostitution, or scavenging or backbreaking work on construction site, or long hours in a carpet factory, etc. Such "bad" child labor can be part-time or full child can both engage in schooling and in "bad" child labor." 18 Child labour is encouraged in Nigeria as could be gleaned form the provisions of the that made provisions for circumstances of child forced or exploitative labour and by implication made the circumstances outside of them as those of child labour and therefore In the exact words of the Act,  The Act has done well in allowing children to do some work but some difficulties may arise in determining whether the child is still working within the circumstances allowed by law as non-child forced or exploitative labour. For instance, while a child can be employed "by a member of his family on light work", if the employment is not by a member of the child's family and the nature of the assignment is not light work, then, the work is child forced or exploitative labour, which the Act condemns. This means that from time to time there may be need to determine whether the employer was a member of the child's family or not and or whether the assignment is a light work or not. Since by the Posit nothing more pretentious, the courts and no other, must from time to time be called upon to interpret the two expressions. The determination by the courts may not be an easy one. Would the courts i is the meaning in the western world or interpret it to mean or include extended family, which is the meaning of family in the African context? If the expression is interpreted in the African context the persons who may qualify as members of the child's family may be limitless for in Africa, a person need not be a blood relation to qualify as a family member. Long-standing relationship may qualify a person as a family member, so also good disposition towards a family.
Turning to a "light work", one may ponder over the following: what type of work is light? Will it not depend on the age and physical strength of the child?
The need to determine what constitutes "light work" is critical in view of the universal positive verdict has been returned on the following: a) Not all work is bad for children. b) Work can be a gradual initiation into adulthood and a positive element in a child's development.
c) Work which does not detract from the other essenti leisure, play and education is not child labour and d) Light work, properly structured and phased is not child labour 21 Two children of the same age may be of different height, weight and strength. For the bigger or stronger child, the work that is a light one to him may not be a light one to the smaller or weaker child. 22 Mary-Lisa O. Eihoda, "Unicef and the Rights of the Child" (University of Jos, 1 referred to, "child labour" was used in (c) and (d), which is a mistake commonly made by people when they The Act has done well in allowing children to do some work but some difficulties may arise in determining whether the child is still working within the circumstances allowed ild forced or exploitative labour. For instance, while a child can be employed "by a member of his family on light work", if the employment is not by a member of the child's family and the nature of the assignment is not light work, then, forced or exploitative labour, which the Act condemns. This means that from time to time there may be need to determine whether the employer was a member of the child's family or not and or whether the assignment is a light work or not. Since by the Positivist School of Law, law means judicial pronouncements and nothing more pretentious, the courts and no other, must from time to time be called upon to interpret the two expressions. The determination by the courts may not be an easy one. Would the courts interpret child's family to mean his immediate family, which is the meaning in the western world or interpret it to mean or include extended family, which is the meaning of family in the African context? If the expression is interpreted in xt the persons who may qualify as members of the child's family may be limitless for in Africa, a person need not be a blood relation to qualify as a family standing relationship may qualify a person as a family member, so also n towards a family.
Turning to a "light work", one may ponder over the following: what type of work is Will it not depend on the age and physical strength of the child?
The need to determine what constitutes "light work" is critical in view of the universal positive verdict has been returned on the following: Not all work is bad for children.
Work can be a gradual initiation into adulthood and a positive element in a child's Work which does not detract from the other essential activities of children, namely leisure, play and education is not child labour and Light work, properly structured and phased is not child labour. 22 may be of different height, weight and strength. For the bigger or stronger child, the work that is a light one to him may not be a light one to the smaller or weaker child.
Lisa O. Eihoda, "Unicef and the Rights of the Child" (University of Jos, 1997). referred to, "child labour" was used in (c) and (d), which is a mistake commonly made by people when they ), December 2016, 71-84 8595, E. ISSN. 2443-3497 http://ojs.umsida.ac.id/index.php/rechtsidee DOI Link: http://dx.doi.org /10.21070/jihr.v3i2.371 ht work of an agricultural, The Act has done well in allowing children to do some work but some difficulties may arise in determining whether the child is still working within the circumstances allowed ild forced or exploitative labour. For instance, while a child can be employed "by a member of his family on light work", if the employment is not by a member of the child's family and the nature of the assignment is not light work, then, forced or exploitative labour, which the Act condemns. This means that from time to time there may be need to determine whether the employer was a member of the child's family or not and or whether the assignment is a light work or ivist School of Law, law means judicial pronouncements and nothing more pretentious, the courts and no other, must from time to time be called upon to interpret the two expressions. The determination by the courts may not be an nterpret child's family to mean his immediate family, which is the meaning in the western world or interpret it to mean or include extended family, which is the meaning of family in the African context? If the expression is interpreted in xt the persons who may qualify as members of the child's family may be limitless for in Africa, a person need not be a blood relation to qualify as a family standing relationship may qualify a person as a family member, so also Turning to a "light work", one may ponder over the following: what type of work is Will it not depend on the age and physical strength of the child? 21 The need to determine what constitutes "light work" is critical in view of the fact that a Work can be a gradual initiation into adulthood and a positive element in a child's al activities of children, namely may be of different height, weight and strength. For the bigger or stronger child, 997). p. 30. In this work referred to, "child labour" was used in (c) and (d), which is a mistake commonly made by people when they

2.
While it is forced or exploitative labour for a child to be engaged in a work where they are to lift, carry or move anything so heavy as to be likely physical, mental, spiritual, moral or social development of such child, it is not forced or exploitative labour, but accepted child labour for a child to be employed to lift, carry or move anything that is not so heavy as to be likely mental, spiritual, moral or social development of such child.
With respect to this right, there maybe need to determine when the work to be done by a child is "likely to adv development". Various specialists may be required to determine these circumstances including a medical doctor and physical fitness specialist for "physical", psychiatrist and psychotherapists for "mental", spiritualist for "spiritual", moralist for "moral" and social development expert for "social development". The view of these experts may guide the court 23 in determining the issue before the court, one way or the other. It is only when the determination is made that there would be an assertion that the work is child labour and allowed, or is child forced or exploitative labour and not allowed.

3.
While it is forced or exploitative labour for a child to be employed as a domestic help outside his own home or family environment it is not forced or exploitative labour, but accepted child labour for a child to be employed as a domestic help within his own home or family environment.
This provision has its own vagueness that has made the right provided t readily ascertainable. As a child cannot be "employed as a domestic help outside his own home or family environment" the question that may have to be determined shall be, what does family mean? Is it immediate or extended? What does environment Could it be environment in the restrictive sense that where the parents live? Alternatively, could it be environment in the liberal sense, that is, where the child feels comfortable with siblings and or relations, continent where the child was born and or where the parents live? In the absence of answers to these keywords, which answers are not found in the Act, no legal mind can mean, "child forced or exploitative labour". What is unacceptable is child forced or exploitative labour, not child labour, per se. Child labour is acceptable but becomes unacceptable if it is forced or exploitative. 23 It is a guide because the court are not bound to accept the opinion of such experts, the law having been established that a court of law cannot accept the opinion of an e or its observation the opinion cannot be true: The Court of Appeal Lagos Division's decision in Building Stock Ltd 2010 2 NWLR (pt. 1178) p. 310 ratio 3.

A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship
While it is forced or exploitative labour for a child to be engaged in a work where they rry or move anything so heavy as to be likely to adversely affect physical, mental, spiritual, moral or social development of such child, it is not forced or exploitative labour, but accepted child labour for a child to be employed to lift, carry or ve anything that is not so heavy as to be likely to adversely affect mental, spiritual, moral or social development of such child.
With respect to this right, there maybe need to determine when the work to be done by a likely to adversely affect the physical, mental, spiritual, moral or social ". Various specialists may be required to determine these circumstances including a medical doctor and physical fitness specialist for "physical", psychiatrist or "mental", spiritualist for "spiritual", moralist for "moral" and social development expert for "social development". The view of these experts may in determining the issue before the court, one way or the other. It is rmination is made that there would be an assertion that the work is child labour and allowed, or is child forced or exploitative labour and not allowed.
While it is forced or exploitative labour for a child to be employed as a domestic help n home or family environment it is not forced or exploitative labour, but accepted child labour for a child to be employed as a domestic help within his own home or family environment.
This provision has its own vagueness that has made the right provided t readily ascertainable. As a child cannot be "employed as a domestic help outside his own home or family environment" the question that may have to be determined shall be, what does family mean? Is it immediate or extended? What does environment Could it be environment in the restrictive sense that is, where the child was born and or where the parents live? Alternatively, could it be environment in the liberal sense, that is, where the child feels comfortable with siblings and or relations, continent where the child was born and or where the parents live? In the absence of answers to these keywords, which answers are not found in the Act, no legal mind can mean, "child forced or exploitative labour". What is unacceptable is child forced or exploitative labour, not hild labour is acceptable but becomes unacceptable if it is forced or exploitative. It is a guide because the court are not bound to accept the opinion of such experts, the law having been established that a court of law cannot accept the opinion of an expert when from the ordinary course of events or its observation the opinion cannot be true: The Court of Appeal Lagos Division's decision in 2010 2 NWLR (pt. 1178) p. 310 ratio 3.

A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship
While it is forced or exploitative labour for a child to be engaged in a work where they to adversely affect the physical, mental, spiritual, moral or social development of such child, it is not forced or exploitative labour, but accepted child labour for a child to be employed to lift, carry or to adversely affect the physical, With respect to this right, there maybe need to determine when the work to be done by a ersely affect the physical, mental, spiritual, moral or social ". Various specialists may be required to determine these circumstances including a medical doctor and physical fitness specialist for "physical", psychiatrist or "mental", spiritualist for "spiritual", moralist for "moral" and social development expert for "social development". The view of these experts may in determining the issue before the court, one way or the other. It is rmination is made that there would be an assertion that the work is child labour and allowed, or is child forced or exploitative labour and not allowed.
While it is forced or exploitative labour for a child to be employed as a domestic help n home or family environment it is not forced or exploitative labour, but accepted child labour for a child to be employed as a domestic help within his own This provision has its own vagueness that has made the right provided therein not readily ascertainable. As a child cannot be "employed as a domestic help outside his own home or family environment" the question that may have to be determined shall be, what does family mean? Is it immediate or extended? What does environment mean?
where the child was born and or where the parents live? Alternatively, could it be environment in the liberal sense, that is, where the child feels comfortable with siblings and or relations, even beyond the continent where the child was born and or where the parents live? In the absence of answers to these keywords, which answers are not found in the Act, no legal mind can mean, "child forced or exploitative labour". What is unacceptable is child forced or exploitative labour, not hild labour is acceptable but becomes unacceptable if it is forced or exploitative. It is a guide because the court are not bound to accept the opinion of such experts, the law having been xpert when from the ordinary course of events or its observation the opinion cannot be true: The Court of Appeal Lagos Division's decision in Olowu v.
in any seriousness assert that he knows when the work is the accepted c the prohibited child forced or exploitative labour.

4.
While it is forced or exploitative labour for a child to be employed or work in an industrial undertaking, it shall not so be, but will be an accepted child labour where a child is to work in a technical school or similar approved institutions under the supervision of an appropriate authority.
This right to work is not without its issue for determination. From the provisions of the Act, a child has the right to work in a technical school or under the supervision of appropriate authority, but the issue is what makes the work permissible? Is it the fact of the supervision or that once there is supervision it is inconsequential that the work may adversely affect the appropriate authority ensures that the work is not such as While one may guess that the latter may well be the intention of the lawmakers, it would have been quite better and preferred if the provision in the Act made it clear therein.
The Act 24 has however incorporated sections 58 what constitutes child forced or exploitative labour on the one hand and what constitutes child labour on the other hand.
The Act repeated the provisions in section 28(1) ( provisions to these effect:

1.
A child under the age of 14years may not be employed in a work where they would not return to their parents or guardian or a person approved by the parents or guardian each night, but may be employed where they would return or where the employment daily wage or on a day servant 27 .

2.
A child under the age of 16years shall not be employed to work underground; machine work; or on a public holiday circumstances, such child could be employed; and secondly, that a child could be employed in these circumstances when they are more than 16years of age. 24 The Act, section 29. 25 Cap L1 Laws of the Federation of Nigeria, 2010. 26 Ibid., section 59(3). However, where a child is below 16years they could be in an employment where they would not return each day, if there is a written contract of employment and where an authorized labour officer approves: The proviso to section 59(4). 27 Ibid.,The proviso to section 69 (4). 28 Ibid., section 59(5). in any seriousness assert that he knows when the work is the accepted c the prohibited child forced or exploitative labour.
While it is forced or exploitative labour for a child to be employed or work in an industrial undertaking, it shall not so be, but will be an accepted child labour where a in a technical school or similar approved institutions under the supervision of an appropriate authority.
This right to work is not without its issue for determination. From the provisions of the Act, a child has the right to work in a technical school or similar approved institutions under the supervision of appropriate authority, but the issue is what makes the work permissible? Is it the fact of the supervision or that once there is supervision it is inconsequential that the work may adversely affect the child? or by the supervision, the appropriate authority ensures that the work is not such as to adversely affect While one may guess that the latter may well be the intention of the lawmakers, it would have been quite better and preferred if the provision in the Act made it clear therein.
has however incorporated sections 58-63 of the Labour Act 25 into its provisions on what constitutes child forced or exploitative labour on the one hand and what constitutes child The Act repeated the provisions in section 28(1) (b), (c) and 28(2) and in addition made A child under the age of 14years may not be employed in a work where they would not return to their parents or guardian or a person approved by the parents or guardian each night, but may be employed where they would return or where the employment daily wage or on a day-to-day basis 26 or where the employment is as a domestic A child under the age of 16years shall not be employed to work underground; or on a public holiday 28 , implying, firstly, that outside of thes circumstances, such child could be employed; and secondly, that a child could be employed in these circumstances when they are more than 16years of age.
deration of Nigeria, 2010. ., section 59(3). However, where a child is below 16years they could be in an employment where they would not return each day, if there is a written contract of employment and where an authorized labour officer to section 59(4). to section 69 (4).
), December 2016, 71-84 8595, E. ISSN. 2443 in any seriousness assert that he knows when the work is the accepted child labour or While it is forced or exploitative labour for a child to be employed or work in an industrial undertaking, it shall not so be, but will be an accepted child labour where a in a technical school or similar approved institutions under the This right to work is not without its issue for determination. From the provisions of the similar approved institutions under the supervision of appropriate authority, but the issue is what makes the work permissible? Is it the fact of the supervision or that once there is supervision it is child? or by the supervision, the to adversely affect the child?
While one may guess that the latter may well be the intention of the lawmakers, it would have been quite better and preferred if the provision in the Act made it clear therein.
into its provisions on what constitutes child forced or exploitative labour on the one hand and what constitutes child ) and 28(2) and in addition made A child under the age of 14years may not be employed in a work where they would not return to their parents or guardian or a person approved by the parents or guardian each night, but may be employed where they would return or where the employment is on a or where the employment is as a domestic A child under the age of 16years shall not be employed to work underground; or on , implying, firstly, that outside of these circumstances, such child could be employed; and secondly, that a child could be employed in these circumstances when they are more than 16years of age.
., section 59(3). However, where a child is below 16years they could be in an employment where they would not return each day, if there is a written contract of employment and where an authorized labour officer Review Article A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship Mike Akpa AjaNwachuku

3.
No child younger than 16years of age shall be required to work for a longer period than 4 consecutive hours or permitted to work for more than 8 hours in one day implication, within and below these hours, a child below 16years can be employed; and a child above 16years can also be employed to work up to and above the 4 consecutive hours or 8 hours in one day. In any event, where a child is below 16years and is The Labour Act did not just make provisions for circumstances of forced or exploitative labour whence deductions could be made of accepted child labour, but made provisions, expressly allowing children to work. These provisions are to the effect that a child over the age of 16years may be employed to work at night in an individual undertaking that requires that work be done at night, that is to say, an industrial undertaking in gold mining reduction work; or glass work; or in the manufacture of raw sugar; or in the man the manufacture of iron and steel, in processes in which reverberatory or furnaces are used and in the galvanising of sheet metal or wire (except the pickling process) Although the Labour Act made the restriction of undertakings or activities, it however made a general and non

A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship
No child younger than 16years of age shall be required to work for a longer period than hours or permitted to work for more than 8 hours in one day implication, within and below these hours, a child below 16years can be employed; and a child above 16years can also be employed to work up to and above the 4 consecutive one day. In any event, where a child is below 16years and is employed as a domestic servant there need not be compliance with the 4 consecutive hours and 8 hours in one day upper limit, unless the Minister for Employment, Labour and Productivity in a Regulation states otherwise. 30 No child below the age of 15years shall be employed in a vessel. 31 created an exception that such child can work in a school or training vessel vessel where only members of the child's family are employed. 34 Again, a child can be employed in a vessel outside the one only members of their family are employed, if the child possesses a certificate signed by a registered medical practitioner to the effect that the child is fit for the employment. 35 ct did not just make provisions for circumstances of forced or exploitative labour whence deductions could be made of accepted child labour, but made provisions, expressly allowing children to work. These provisions are to the effect that a child over the age of 16years may be employed to work at night in an individual undertaking that requires that work be done at night, that is to say, an industrial undertaking in gold mining reduction or glass work; or in the manufacture of raw sugar; or in the manufacture of paper; the manufacture of iron and steel, in processes in which reverberatory or furnaces are used and in the galvanising of sheet metal or wire (except the pickling process) Although the Labour Act made the restriction of working at night to industrial undertakings or activities, it however made a general and non-restrictive provision that a child below 16years of age can work at night in uncontrollable and unforeseen circumstances i.e. to say, in circumstances of emergency. 37 The Labour Act, section 61(1)(a). In this work, there must be approval by the Minister for Labour and Productivity and supervision by a public officer or by a public department.

A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship
No child younger than 16years of age shall be required to work for a longer period than hours or permitted to work for more than 8 hours in one day. 29 By implication, within and below these hours, a child below 16years can be employed; and a child above 16years can also be employed to work up to and above the 4 consecutive one day. In any event, where a child is below 16years and is employed as a domestic servant there need not be compliance with the 4 consecutive hours and 8 hours in one day upper limit, unless the Minister for Employment, Labour However, the Act 32 created an exception that such child can work in a school or training vessel 33 or in a Again, a child can be employed in a vessel outside the one only members of their family are employed, if the child possesses a certificate signed by a registered medical practitioner to the effect that ct did not just make provisions for circumstances of forced or exploitative labour whence deductions could be made of accepted child labour, but made provisions, expressly allowing children to work. These provisions are to the effect that a child over the age of 16years may be employed to work at night in an individual undertaking that requires that work be done at night, that is to say, an industrial undertaking in gold mining reduction ufacture of paper; or in the manufacture of iron and steel, in processes in which reverberatory or regeneratory furnaces are used and in the galvanising of sheet metal or wire (except the pickling process). 36 working at night to industrial restrictive provision that a child below 16years of age can work at night in uncontrollable and unforeseen circumstances i.e. to The Labour Act, section 61(1)(a). In this work, there must be approval by the Minister for Employment, Having appreciated the provisions of the law on the right of a child to labour, but which should not be forced or exploitative, it remains to observe that those works that the child is allowed to do are menial even when it requires some mental strength to learn a trade that would be financially beneficial and rewarding to the child. In other words, the mental strength a child could employ in these works allowed by law would suffice for the learning of entrepreneurship rather tha Act. It is on this score that this paper posits that there is need for a shift from the right of a Nigerian child to work, to the right of a Nigerian child to be an entrepreneur.

The Case for Child Entrepreneurship in Nigeria
No attempt shall be made to define entrepreneurship for the reason that it is not the crux of this paper and yet for the reason that " entrepreneurship that is accepted by all or that this and for the purpose of this paper entrepreneurship could be said to mean, " owning and managing small business Entrepreneurship is crucial for any economy for one of its prominent rules is t creation of employment. Entrepreneurship therefore reduces unemployment, which is a perennial problem in Nigeria. It has been estimated that Nigeria has about 60% unemployment, comprised of young adults that have graduated from universities, institutions and institutions of higher learning, to add to about 3.8 million others that are certificate-carrying youths that have no formal education, or completed primary or secondary school or dropped out from tertiary institutions.
Child entrepreneurship contemplates the involvement of a child in more elaborate and more income yielding venture. If a child could be employed to do some work as allowed under the Act, such child could further be exposed to a more elaborate and more income yielding venture to learn same and be able to establish a similar business venture in the near future.
Child entrepreneurship is not and cannot be mistaken for child forced or exploitative labour for while child forced or exploitative labour adversely affects a Having appreciated the provisions of the law on the right of a child to labour, but which should not be forced or exploitative, it remains to observe that those works that the child is allowed to do are menial even when it requires some mental strength that would be sufficient to learn a trade that would be financially beneficial and rewarding to the child. In other words, the mental strength a child could employ in these works allowed by law would suffice for the learning of entrepreneurship rather than undertaking the jobs stipulated in and allowed by the Act. It is on this score that this paper posits that there is need for a shift from the right of a Nigerian child to work, to the right of a Nigerian child to be an entrepreneur.

d Entrepreneurship in Nigeria
No attempt shall be made to define entrepreneurship for the reason that it is not the crux of this paper and yet for the reason that "presently there is no single definition of entrepreneurship that is accepted by all or that is applicable in every economy this and for the purpose of this paper entrepreneurship could be said to mean, " owning and managing small business" 39 .
Entrepreneurship is crucial for any economy for one of its prominent rules is t creation of employment. Entrepreneurship therefore reduces unemployment, which is a perennial problem in Nigeria. It has been estimated that Nigeria has about 60% unemployment, comprised of young adults that have graduated from universities, institutions and institutions of higher learning, to add to about 3.8 million others that are carrying youths that have no formal education, or completed primary or secondary school or dropped out from tertiary institutions. 40 trepreneurship contemplates the involvement of a child in more elaborate and more income yielding venture. If a child could be employed to do some work as allowed under the Act, such child could further be exposed to a more elaborate and more income ng venture to learn same and be able to establish a similar business venture in the near Child entrepreneurship is not and cannot be mistaken for child forced or exploitative labour for while child forced or exploitative labour adversely affects a child and most times is  2016, 71-84 8595, E. ISSN. 2443 Having appreciated the provisions of the law on the right of a child to labour, but which should not be forced or exploitative, it remains to observe that those works that the child is that would be sufficient to learn a trade that would be financially beneficial and rewarding to the child. In other words, the mental strength a child could employ in these works allowed by law would suffice for the n undertaking the jobs stipulated in and allowed by the Act. It is on this score that this paper posits that there is need for a shift from the right of a Nigerian child to work, to the right of a Nigerian child to be an entrepreneur.
No attempt shall be made to define entrepreneurship for the reason that it is not the crux presently there is no single definition of is applicable in every economy" 38 . Inspite of this and for the purpose of this paper entrepreneurship could be said to mean, "starting or Entrepreneurship is crucial for any economy for one of its prominent rules is the creation of employment. Entrepreneurship therefore reduces unemployment, which is a perennial problem in Nigeria. It has been estimated that Nigeria has about 60% -65% youth unemployment, comprised of young adults that have graduated from universities, tertiary institutions and institutions of higher learning, to add to about 3.8 million others that are carrying youths that have no formal education, or completed primary or secondary trepreneurship contemplates the involvement of a child in more elaborate and more income yielding venture. If a child could be employed to do some work as allowed under the Act, such child could further be exposed to a more elaborate and more income ng venture to learn same and be able to establish a similar business venture in the near Child entrepreneurship is not and cannot be mistaken for child forced or exploitative child and most times is the overall economic development of the Nation.
The 6:3:3:4 educational system of Nigeria is very much in support of rearing child entrepreneurs. 41 This is so because a child who has spent 6years in the pri 3years in the secondary school is at liberty to veer off education and get into another activity, including undergoing training to be a child (and later in life, adult) entrepreneur. However by the express provision of the Act, where a chil school and is not sent to secondary school for the next three years, the parent or guardian shall encourage such child "to learn an appropriate trade and the employer of the child shall provide the necessaries for learning the trade entrepreneurs who are exposed to opportunities, innovation and enterprise without compromising their childhood dignity, access to education and developmental growth A Critical Review of Child Labour in Nigeria and The Case for Child Entrepreneurship the advantage of making a child develop his business ingenuity in early life for their good and the overall economic development of the Nation.
The 6:3:3:4 educational system of Nigeria is very much in support of rearing child This is so because a child who has spent 6years in the pri 3years in the secondary school is at liberty to veer off education and get into another activity, including undergoing training to be a child (and later in life, adult) entrepreneur. However by the express provision of the Act, where a child has done the first three years in the secondary school and is not sent to secondary school for the next three years, the parent or guardian shall to learn an appropriate trade and the employer of the child shall ies for learning the trade" 42 . Child entrepreneurship creates child entrepreneurs who are exposed to opportunities, innovation and enterprise without compromising their childhood dignity, access to education and developmental growth that there is need for a shift from entrepreneurship of youths, to entrepreneurship of children who are still in primary or secondary schools. What is comtempleted is that there could be a shift to children being in entrepreneurship while y and secondary school education. Such entrepreneurship shall not and cannot constitute forced or exploitative (or "bad") child labour for the children are neither forced nor exploited, and their academic work is not compromised.
A study of combination of schooling and entrepreneurship has been made of what obtains in six Local Governement Areas within Ilorin Emirate Council in Kwara State of Northern Nigeria within the North-Central geo-political zone of Nigeria and the discovery quite rewarding and should be encouraged. The study was made of 140 school children (70% males, 30% females) and of 140 parents. The study revealed that 96% of these children were involved in tailoring, mechanic work, vulcanizing/wheel ent, cloth dyeing, generator repairs, electrical car repairs, car paint spraying, furniture making, air conditioner and refridgerator repairs. Their education was not compromised as they go to school and on return proceed to their various places of work. T busy schedule from school to work makes them not to have idle moments and run the risk of bad companies that would expose them to bad social behaviour. Of the study, 85% of the By the Educational system, a child spends 6years in primary school and 3years in junior secondary school mandatorily. After the 3years the child may if they wish discontinue further secondary education and if they desire to continue decides to read subjects that will enable them to pursue a 4year education in a tertiary The 6:3:3:4 educational system of Nigeria is very much in support of rearing child This is so because a child who has spent 6years in the primary school and 3years in the secondary school is at liberty to veer off education and get into another activity, including undergoing training to be a child (and later in life, adult) entrepreneur. However by d has done the first three years in the secondary school and is not sent to secondary school for the next three years, the parent or guardian shall to learn an appropriate trade and the employer of the child shall Child entrepreneurship creates child entrepreneurs who are exposed to opportunities, innovation and enterprise without compromising their childhood dignity, access to education and developmental growth 43 . that there is need for a shift from entrepreneurship of youths, to entrepreneurship of children who are still in primary or secondary schools. What is comtempleted is that there could be a shift to children being in entrepreneurship while y and secondary school education. Such entrepreneurship shall not and cannot constitute forced or exploitative (or "bad") child labour for the children are neither schooling and entrepreneurship has been made of what obtains in six Local Governement Areas within Ilorin Emirate Council in Kwara State of political zone of Nigeria and the discovery quite rewarding and should be encouraged. The study was made of 140 school children (70% males, 30% females) and of 140 parents. The study revealed that 96% of these children were involved in tailoring, mechanic work, vulcanizing/wheel ent, cloth dyeing, generator repairs, electrical car repairs, car paint spraying, furniture making, air conditioner and refridgerator repairs. Their education was not compromised as they go to school and on return proceed to their various places of work. The busy schedule from school to work makes them not to have idle moments and run the risk of bad companies that would expose them to bad social behaviour. Of the study, 85% of the By the Educational system, a child spends 6years in primary school and 3years in junior secondary school mandatorily. After the 3years the child may if they wish discontinue further secondary education and if they ts that will enable them to pursue a 4year education in a tertiary , 2016. p. 11. children believed that combining entrepreneurship skill acquisition with sch enable them to be self-employed after graduation from school, while 83% were taught by their parents that early skill acquisition on entrepreneurship will reduce the time that they would spend waiting for government employment that scarcely co the view that it was worth is to send children to acquire entrepreneurship skills while in primary and secondary schools while 77% of the children intend to ask their friends to be part of the programme 44 .

Conclusion
Prohibition of child forced or exploitative labour is very much appreciated, for the reason of its adverse effects on the child. Allowing a child to do some work or to be in employment under circumstances that do not constitute child forced or exploitative also appreciated because there is dignity in labour. Engaging children in child entrepreneurship is the next level for the child and is herein prayed, encouraged and advocated. Entrepreneurship studies is now a course being studied in all tertia Nigeria, in confirmation that propagating child entrepreneurship is the way to go more so on the face of virtually no government jobs for Nigeria's teeming population.
With child entrepreneurship, a Nigerian child shall be able themselves, improve the financial wellbeing of their family, and constructively contribute to the economic advancement of Nigeria. children believed that combining entrepreneurship skill acquisition with sch employed after graduation from school, while 83% were taught by their parents that early skill acquisition on entrepreneurship will reduce the time that they would spend waiting for government employment that scarcely comes. 75% of the parents were of the view that it was worth is to send children to acquire entrepreneurship skills while in primary and secondary schools while 77% of the children intend to ask their friends to be part Prohibition of child forced or exploitative labour is very much appreciated, for the reason of its adverse effects on the child. Allowing a child to do some work or to be in employment under circumstances that do not constitute child forced or exploitative also appreciated because there is dignity in labour. Engaging children in child entrepreneurship is the next level for the child and is herein prayed, encouraged and advocated. Entrepreneurship studies is now a course being studied in all tertia Nigeria, in confirmation that propagating child entrepreneurship is the way to go more so on the face of virtually no government jobs for Nigeria's teeming population.
With child entrepreneurship, a Nigerian child shall be able to financially be themselves, improve the financial wellbeing of their family, and constructively contribute to the economic advancement of Nigeria.  /10.21070/jihr.v3i2.371 children believed that combining entrepreneurship skill acquisition with schooling would employed after graduation from school, while 83% were taught by their parents that early skill acquisition on entrepreneurship will reduce the time that they would mes. 75% of the parents were of the view that it was worth is to send children to acquire entrepreneurship skills while in primary and secondary schools while 77% of the children intend to ask their friends to be part Prohibition of child forced or exploitative labour is very much appreciated, for the reason of its adverse effects on the child. Allowing a child to do some work or to be in employment under circumstances that do not constitute child forced or exploitative labour is also appreciated because there is dignity in labour. Engaging children in child entrepreneurship is the next level for the child and is herein prayed, encouraged and advocated. Entrepreneurship studies is now a course being studied in all tertiary institutions in Nigeria, in confirmation that propagating child entrepreneurship is the way to go more so on ially be meaningful to themselves, improve the financial wellbeing of their family, and constructively contribute to veloped and developing economies have been traceable to a well managed entrepreneurship development programmes. The "Asian Tigers" such as China, Hong Kong, Korea (North and South)