Introduction
The flexibility within the UNGPs paved the way for contextualisation of learnings from business and human rights. This is strengthened from an African perspective by Agenda 2063 and the UN SDGs. Socio-economic human rights are crucial to African citizens and communities. There has been a push to rethink socio-economic rights using indigenous African philosophical and cultural lens such as ubuntu and Igwebuike. Ubuntu is a philosophy from the Bantu speaking cultures of South and East Africa that highlights the interconnected nature of individuals and states that ‘I am because we are’. Igwebuike, which means strength in unity, is a philosophy rooted in Igbo culture of West Africa. It recognises individual differences and accomplishments, but takes a sociological perspective rooted in mutual cooperation and interdependence.
This contribution argues that indigenous African business practices have the potential to contribute to effective business and human rights in the African context. This blog utilises the example of Igwebuike philosophy and the Igbos of southeastern Nigeria, while highlighting the Igbo apprenticeship, which has been recognised as a model of communal cooperation. The contribution also highlights that an element of formalisation is necessary for informal communal business systems based on these principles. Endorsement from government or other regulatory bodies could help revitalize these effective informal systems as recognised business incubators with lessons valid for wider business forms like registered companies.
This blog examines a 2025 sub-national law passed by the Anambra State government in Nigeria which formally recognises and regulates the indigenous business practice of the Igbo apprenticeship schemes. The scheme has been recommended for national adoption and for international cross-studies. It has also entered national consciousness via a Netflix film.
Employment as a Socio- Economic Rights Problem
The right to work is enshrined in the International Covenant on Economic, Social and Cultural Rights, Article 6. This right is seen as a precursor to other rights including the right to human dignity.
In proposing this law, the legislature at that level was focused on an indigenous mechanism that helped train and provide employment to young people in south-eastern Nigeria. Referred to in the law as the ‘igba-boi’ or ‘imu-ahia’ system, the apprentice learns the trade from the business owner for a number of years. In some circumstances, the apprentice lives with the employer’s family. The apprentice gets trained in all aspects of the business, including bookkeeping and then starts-up theirs. It creates a network of linked businesses and is based on a culture of trust.
The debates in the run up to the bill’s passage highlighted the benefit of the mechanism and its drawbacks. It had resulted in entrepreneurial endeavours and commercial success of markets with significantly high employment rates in the southeast, but then faced decline due to abuses of the system, including exploitation of the trainees and breach of their informal contracts.
The law seeks to regulate such abuse or exploitation and drive a resurgence in the implementation of these apprenticeship systems.
The Sub-National Law
The Anambra State Igbo Apprenticeship Law, 2025 has thirty-four sections and formalises the contract between a master or “oga” and trainee/ apprentice or “nwa boi”. There are two parts, with Part A clarifying requirements for both the traditional ‘nwa boi’ and ‘oga’ schemes and Part B outlining other master-trainee schemes. In both cases, the law insists that all such training agreements must be in writing – with a list of essential particulars. (sections 5 and 12)
The law also specifies a minimum level of formal education – section 6 and 13 (basic education certificate). Section 7 explains that the required parties to the ‘nwa-boi’ agreement includes the ‘nwa-boi’, master, parents of the ‘nwa-boi’- where such a person is a minor, or a guarantor, where such a person is an adult, and also witnesses to both parties in the agreement. This is mirrored in section 14 for the trainee apprenticeship scheme, although it omits mention of the trainee. Section 5 gives the essential requirements of the ‘nwa boi’ scheme and it includes a maximum period of seven years. Section 12 gives the essential requirements of the trainee scheme and doesn’t include a maximum period, perhaps because it is non-traditional.
There are rights and duties outlined: with rights of ‘nwa boi’ (section 10) , rights of ‘oga’ (section 11) , duties of ‘nwa-boi’ (section 9); duties of a trainee (section 16), duties of a master (section 17). Part C (section 18) covers breach of contract issues. Part D creates a regulatory authority – the Anambra State Igbo Apprenticeship Commission.
The commission has the following functions (section 22):
“The Commission shall: (1) be responsible for a state database where all prospective ‘oga’/master and all aspiring apprentice will register their interest; (2) maintain a register where all ‘oga’/ ‘nwa boi’ or master/ trainee contractual agreements shall be
registered; (3) provide a structure for arbitration or mediation for dispute resolution between ‘oga’ & ‘nwa boi’ or master & trainee; (4) ensure compliance with the provisions of this law;
(5) facilitate the improvement and efficiency of the Igbo Apprenticeship Scheme; (6) issue certificate of completion to the ‘nwa boi’ or trainee, on completion of his/her apprenticeship; (7) initiate activities that are necessary and expedient, for the purpose of achieving the objectives of this law; (8) there should be a stipend for the registered nwa boi at settlement.”
Finally, it specifies that the contracts can be enforceable in court and gives jurisdiction to the magistrate (section 33) and high courts (section 34)
Potential and Limitations
The recognition of an embedded cultural business practice in law has received significant attention. It allows an open discussion about indigenous business practices and their place in improving access to the right to work. The objectives are given in section 4, and these include: regulation, creating a database, providing redress, prevention of abuse and wrongs and to boost trade and commerce.
Access to justice, redress and prevention of abuse within the system has been seen as crucial to the sustainability of the scheme, yet it is unlikely that this can be done effectively by totally ignoring customary law and practice. Nevertheless, the commission in providing room for mediation and arbitration can introduce a platform for society – based resolutions or facilitating such alternative dispute resolution.
The formalisation of indigenous business practices could create impediments to the objective of growth in business and commercial practice, such as rigidity and lack of flexibility. Therefore, calls for formalisation should be proportional and targeted to key problem issues flagged in research such as level of education, literacy, abuse, and breach of contract terms. There are problems with the insistence that all such training agreements should be in writing and registered. This is even more onerous than traditional contract rules for contracts generally. The excessive formalisation requirements would discourage businessmen in this context, who are not usually involved with formal processes.
As the law envisages contracts for minors to receive training and outlines that ‘nwa boi’ can run domestic errands and serve the ‘oga’, it may open up scrutiny about ensuring that there are majority training elements, in order to mitigate any child labour concerns.
The business relationships are usually built on communities’ trust and mutual respect – this does not rely on formal processes and courts. It relies on influence from the culture and leadership. The role of communities and business associations could be better explored and recognised within the regulatory framework, in order not to lose the advantages of the embedded nature of these relationships. The commission could have a role in creating government training schemes which could be registered. It could be involved in training business associations and community associations in significant human rights education, creating an awareness of the value of their roles.
Conclusion
Employment is a priority area for the African Union and the right to work is essential for Africa’s young population. Therefore, a successful regulatory framework which adapts and strengthens a bottom-up practice that enhances the potential for employment is essential in an African context. This law contains some regulatory firsts and therefore has the potential to be a beneficial test. If this exemplar proves successful then it can yield benefits which can be adapted for the state, region and country.
Recognition of the value of these Igbo apprenticeship schemes is a step in the right direction but there are limitations to the insistence that all such agreements should be in writing and registered. The law’s impact will rest on its implementation and effectiveness- it will need to engage in dialogues with local business associations and local communities. There should be room for multistakeholder discussions and coordination.
The legislation is a welcome sub-national regulatory example for business and human rights in context. The Igbo apprenticeship system is a crucial example of an indigenous African business system for enhancing access to work. The regulation is necessary because it can bring in checks and balances into the scheme. It could be a showcase for alternative approaches and a likely case study for the future, with significant learning potential for the region and beyond.
