Buck and Snake's discussion highlights a common point of confusion between general contract law and specific labour law provisions regarding the legal capacity to enter into agreements. While Buck is

Buck's understanding that the legal age to enter into a valid contract in Nigeria is eighteen (18) years is correct under general contract law principles. This is derived from common law and is generally applied to commercial contracts where parties are presumed to have full legal capacity. A contract entered into by a minor (under 18) is generally voidable at the minor's option, except for contracts for necessaries.

2. Legal Capacity in Contracts of Employment (Snake's Position)

Snake's position is correct because the Labour Act Cap L1 LFN 2004 makes specific provisions for the employment of "young persons" and "children," creating exceptions to the general 18-year rule for certain types of work. The Act aims to protect these younger individuals from exploitation while allowing them to engage in specific forms of employment or training.

The Labour Act defines these terms:

• Section 91 of the Labour Act: Defines a "child" as a person under the age of 12 years.
• Section 91 of the Labour Act: Defines a "young person" as a person who has attained the age of 12 years but is under the age of 18 years.

• Section 59(1) of the Labour Act: Absolutely prohibits the employment of a child (under 12 years) in any capacity.
• Section 59(2) of the Labour Act: Prohibits the employment of a young person (12 to 17 years) in any employment where they are required to spend the night away from their parents or guardian.
• Section 59(3) of the Labour Act: Prohibits the employment of a young person in any employment which is injurious to their health, dangerous, or immoral.

While children under 12 cannot be employed, young persons (12-17 years) can enter into certain contracts of employment, subject to strict conditions:

• Light Work: A young person may be employed in light work suitable for their age, provided it does not interfere with their schooling or health.
• Domestic Service: Young persons are often employed in domestic service, though the Act provides protections.
• Apprenticeship: This is a specific form of contract of employment for young persons.
  • Section 79 of the Labour Act: Requires that every contract of apprenticeship be in writing and signed by the parties.
  • Section 80 of the Labour Act: States that an apprentice must be at least 14 years old and that the contract must specify the trade or craft to be learned, the duration of training, and the terms of remuneration. This explicitly allows individuals under 18 to enter into valid apprenticeship contracts.

• Section 60 of the Labour Act: Prohibits the employment of any young person (under 18 years) in underground work in any mine.
• Section 61 of the Labour Act: Prohibits the employment of any young person (under 18 years) on night work in industrial undertakings.

It is also important to note the Child's Rights Act 2003, which has been domesticated by many Nigerian states.

• Section 28 of the Child's Rights Act: Prohibits the employment of a child (defined as a person under 18 years) in any work that is exploitative, hazardous, or interferes with their education. It generally sets the minimum age for employment at 18 years, but allows for light work that is not harmful to the child's health or development, and does not interfere with their education. This Act reinforces the protections for minors and generally aligns with the Labour Act's intent to prevent child labour while allowing for specific, non-exploitative engagements.

Conclusion

Buck is correct that the general legal age for entering into contracts is 18 years. However, Snake's point is also valid because the Labour Act specifically allows individuals between 12 and 17 years to enter into certain types of employment contracts, particularly for light work, domestic service, and apprenticeships, provided these engagements are not hazardous, exploitative, or detrimental to their health or education. For apprenticeships, the minimum age is 14 years. Therefore, while a person under 18 cannot generally enter into any contract, they can validly enter into specific forms of employment contracts under the protective framework of the Labour Act.