LEGAL PRINCIPLE: EVIDENCE LAW – Documentary Evidence – Effect of Illiterates Protection Law on Documents Executed by Illiterates
PRINCIPLE STATEMENT
Where signatories to a document are illiterates, the document is caught by the Illiterates Protection Law with the drastic effect that none of those who allegedly signed or thumb-printed it can be assumed to have understood its contents; such documents are voidable and may be voided.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Oro & Ors v. Falade & Ors (1995) NLC-641993(SC) at pp. 24; Paras C–D.
"There is evidence which I accept that the signatories to Exhibit 1 including Chiefs Arogun, Esinkin and Oore are illiterates. Exhibit 1 is therefore caught in the webs of the provisions of the Illiterates Protection Law with the drastic effect that in law none of those chiefs who allegedly signed or thumb printed it can be assumed to have understood its contents. The document, Exhibit 1, is therefore voidable and it is hereby voided…"
EXPLANATION / SCOPE
The Illiterates Protection Law requires that documents be read over and explained to illiterates in a language they understand, with literate witness attestation and specific certification. Without statutory compliance, courts cannot presume understanding from mere signatures or thumbprints. Non-compliant documents are voidable—valid until avoided by the illiterate. This protects vulnerable persons from exploitation while allowing ratification through subsequent conduct. Courts void such documents to effectuate the law’s protective purpose, requiring strict compliance with formalities rather than accepting substantial compliance where illiterates’ rights are at stake.