LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Illiterates Protection Law — Non-Compliance Renders Document Voidable Not Void
PRINCIPLE STATEMENT
The requirement that the writer of a document signed or thumb-printed by an illiterate person must write his name in the jurat has been held to be for tracing the writer. Non-compliance does not render the document void but only voidable at the instance of the illiterate person.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Fatunbi & Anor v. Olanloye & Ors (2004) NLC-242000(SC) at p. 15; Paras B–C.
"Besides, the requirement in Section 3 of the Law that the writer of a document signed or thumb-printed by an illiterate person must write his name in the jurat has been held to be for the purpose of tracing the writer [...] and that the non-compliance does not render the document void but only voidable at the instance of the illiterate person."
EXPLANATION / SCOPE
Non-compliance with Illiterates Protection Law requirements makes a document voidable, not void. Only the illiterate person can avoid the document. The requirement for the writer’s name in the jurat serves tracing purposes. The principle applies to documentary evidence involving illiterate persons. The document remains valid until the illiterate chooses to avoid it. The protection enures solely to the illiterate.
