KNOW YOUR RIGHT.
Many people sign documents every day without fully understanding what they contain. For an illiterate person who cannot read or write, the risk of deception is even greater.
Recognizing this vulnerability, Nigerian law provides special protections to ensure that illiterate persons are not tricked into signing documents they do not understand.
Who Is an Illiterate Person?
In law, an illiterate person is someone who cannot read or write in the language in which a document is written, regardless of their level of intelligence or life experience.
What Protection Does the Law Provide?
Before an illiterate person signs or thumbprints a document, the contents must be carefully explained to them in a language they understand.
The person preparing the document is expected to include an Illiterate Jurat, a statement confirming that the document was read and interpreted to the illiterate person, the contents were fully explained and the person appeared to understand the document before signing or thumbprinting it.
This serves as evidence that the illiterate person was not misled or deceived.
What Does the Illiterate Jurat Usually Contain?
A typical Illiterate Jurat may state:
“This document was read over and explained to the within-named person in a language he/she understands, and he/she appeared to understand the contents before affixing his/her thumbprint.”
Relevant Law
The requirement for an Illiterate Jurat is recognized under the Illiterates Protection Law, applicable in various states of Nigeria, and is supported by judicial decisions of Nigerian courts.
The courts have repeatedly held that where a person relies on a document signed by an illiterate person, they may be required to prove that the contents were properly explained before execution.
Why Is This Important?
This legal protection helps ensure that an illiterate person understands, the nature of the document, the rights they may be surrendering, the obligations they are undertaking and the legal consequences of signing the document.
Can an Illiterate Person Challenge a Document?
Yes. If an illiterate person was misled, deceived, or did not understand what they signed, the document may be challenged in court.
The court will examine the circumstances surrounding the signing and determine whether proper legal safeguards were followed.
Know Your Right.
Being unable to read or write does not mean a person has no legal protection. Nigerian law recognizes the vulnerability of illiterate persons and provides safeguards against fraud, exploitation, and unfair dealings.
Before signing any document, every person – especially an illiterate person- has the right to have the contents explained in a language they understand.
If in doubt, seek independent legal advice before signing any document.
This article is provided for public legal education and awareness and does not constitute legal advice.
Individuals facing specific legal issues should consult a qualified legal practitioner.
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We encourage readers to verify information, know their rights, and make informed decisions based on facts and the law.
