LEGAL PRINCIPLE: LAND LAW — Conveyancing — Proof of Execution by Illiterate Grantor — Requirement of Illiterates Protection Law
PRINCIPLE STATEMENT
Any person who shall write any letter or document at the request, on behalf, or in the name of any illiterate person shall also write on such letter or other document his own name as the writer thereof and his address; and his so doing shall be equivalent to a statement—(a) that he was instructed to write such letter or document by the person for whom it purports to have been written and that the letter or document fully and correctly represents his instructions; and if the letter or document purports to be signed with the signature or mark of the illiterate person, that prior to its being so signed it was read over and explained to the illiterate person, and that the signature or mark was made by such person.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC Itauma v. Akpe-Ime (2000) NLC-231995(SC) at p. 19; Paras. A–C.
"Any person who shall write any letter or document at the request, on behalf, or in the name of any illiterate person shall also write on such letter or other document his own name as the writer thereof and his address; and his so doing shall be equivalent to a statement—(a) that he was instructed to write such letter or document by the person for whom it purports to have been written and that the letter or document fully and correctly represents his instructions; and if the letter or document purports to be signed with the signature or mark of the illiterate person, that prior to its being so signed it was read over and explained to the illiterate person, and that the signature or mark was made by such person."
EXPLANATION / SCOPE
This provision from the Illiterates Protection Law protects illiterate persons from being bound by documents they do not understand. Any document prepared for an illiterate by a writer must contain the writer’s name and address. The writer’s endorsement serves as statutory certification that instructions were received, the document reflects those instructions, and if signed, it was read over and explained to the illiterate before signing. Failure to comply renders the document unenforceable against the illiterate grantor. The law ensures informed consent and prevents exploitation of illiterate persons in transactions affecting their rights.