LEGAL PRINCIPLE: EVIDENCE LAW — Documentary Evidence — Illiterates Protection Law — Purpose of Requirement for Writer’s Name and Address
PRINCIPLE STATEMENT
Section 3 raises certain presumptions and ensures the writer is identified or traced where doubt or denial exists about statements made by the illiterate. The protection singularly enures only to the illiterate.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Fatunbi & Anor v. Olanloye & Ors (2004) NLC-242000(SC) at pp. 15–16; Paras D–A.
"It ought also to be noted that Section 3 of that law only raises or provides certain presumptions of law in respect of a document prepared at the request of an illiterate by any person who shall write such a document his own as the writer and his address.... The purpose of the said provisions under Section 3 of the law is also to ensure in furtherance to the said protection of illiterate that the writer of such document is identified or traced. [...] Implicit in that section is that where there exists a doubt or a denial as to the correct statements that were made by the illiterate, the writer will be traced to show whether the contents of the document represent the veracity of what the illiterate asserts. In other words, the protection singularly enures only to the illiterate."
EXPLANATION / SCOPE
The Illiterates Protection Law requires writer’s name and address to enable identification or tracing when doubt arises. The protection benefits only the illiterate person, not the other party. The principle applies to documentary evidence involving illiterate persons. The writer can be traced to verify the contents reflect the illiterate’s instructions. The opposing party cannot invoke the protection. The law is a shield for illiterates, not a sword against them.
