An illiterate is a person who cannot read, write or understand a particular document. God forbids that a man knows all things; nevertheless may he know where to find them all. Life is unequal and offers unequal opportunity, wisdom, grace, career, knowledge, vision, height, sight, brains and might. Not all human beings are literate, educated, tutored, schooled and learned but all must relate with one another; at work, church, market, contracts, transactions, deals, agreements and fellowship.

Above all, the “unequals” must coexist effectively for there to be a healthy society. The big question is;“What protects an illiterate while he relates with literates and even other illiterates?”Nigeria is the most populated African nation and has both literate and illiterate persons. They are more illiterates in Nigeria than literates; hence in everyday a literate and illiterate person must relate together in Nigeria. What then is the protection for illiterates? What protects an illiterate that is about to lease his ancestral home to a multinational telecommunication company?

The level of illiteracy in Nigeria is still very high consequently a vast majority of Nigerian citizens are in need of special protection from fraud. This protection is contained in the Illiterates Protection Laws, Legal Practitioner Act, Statutes of Fraud Act 1677 and Land Instrument Preparation Laws among others.
Below, are some of the protections, the Nigerian laws have provided to guard the rights and interest of illiterate persons (Nigerians or foreigners) in Nigeria.

1. ILLITERATES PROTECTION ACT:
The ILLITERATES’ PROTECTION ACT is a law set to protect illiterates from fraud. Illiterates Protection Act protects all kinds and types of transactions, documents, letters, forms, agreements written at the request of an illiterate; be it school undertakings, church agreements, bank letters, rent agreements, car purchase agreements etc. An ILLITERATE PERSON is one that cannot read, write or understand a particular document. From the above; it is arguable that an educated person who may not be able to understand a particular document can be said to be an illiterate person. It is the inability to read or write or understand that qualifies a person to be protected by the Act. Hence, a professor of medicine that cannot understand the content of a specialised international concession agreement can be said to be an illiterate.

2. LAND INSTRUMENT PREPARATION LAWS:
In the past many illiterates sold out their lands believing they were merely leasing out such lands. Till today Illiterates are made to sign documents different from what they believed they were signing. Many people stop by business centres and internet cafes to seek the unprofessional assistance of typists in printing templates for land transaction agreements. Such practise is unhealthy and illegal. Where the land instrument preparation law exists such unprofessionally prepared documents are illegal and invalid; sheer waste of resources.
Among the enactments that protect the interest of illiterates is; The LANDINSTRUMENT PREPARATION LAW, CAP. 84 LAWS OF KADUNA STATE, 1991.Due to the dangers that face parties to land contracts especially illiterates, the law provides that only Legal practitioners can prepare instruments and documents on land transactions. By this law any land transaction document prepared/created by a person other than a lawyer is invalid. See SECTIONS 5 AND 6 OF THE LAND INSTRUMENT PREPARATION LAW. With the input of a lawyer in a land transaction, the rights, privileges and intentions of an illiterate just like that of a literate will be adequately protected. Hence, this law erases the possible hardship illiterates would have suffered in the hands of unscrupulous literate persons. It is disturbing, that the Land Instrument Preparation law is yet to be enacted in many states of the federation.

3. LEGAL PRACTITIONERS ACT:
One sure professional that should never defraud a client is a lawyer. Lawyers are trained professionals; hope of the common man. As tool of Justice, every lawyer has the interest of the people especially the vulnerable group; including the illiterates. Lawyers will not prepare documents for an illiterate and mischievously misrepresent the interest of the illiterate; such will be highly unprofessional. Without sounding immodest, lawyers are the best persons that can write for or on behalf of illiterates. The professional demand of the profession is on its own a huge protection for illiterates as evidenced in the RULES OF PROFESSIONAL CONDUCT FOR LEGAL PRATITIONERS 2007.
Specifically some type of documents and letters can ONLY be written/prepared by lawyers. One of such are documents relating to land transactions! In the whole of Nigeria, no person other than a lawyer is allowed for a reward to prepare land transaction documents. Hence, the interests of illiterates are highly safeguarded in every land transaction owing to the fact that a lawyer will couch the agreements and documents thereto. Please note that any document relating to land transaction that is prepared for a reward by a non-lawyer is invalid. Apart from such document being invalid, the act itself is an offence and the maker/writer of such documents is liable to a fine and or imprisonment for two year. See, SECTION 22 (1) (D) OF THE LEGAL PRACTITIONERS ACT. It is the sole responsibility of legal practitioners to prepare land transaction documents for a reward to the exclusion of ALL other persons in Nigeria; estate agents, valuers, developers, surveyors, architects and other professionals. This is a protection for illiterates (and literates) to ensure transparency and clear representation of intents.

4. STATUTE OF FRAUD ACT, 1677:
One of the oldest laws imported from Britain to Nigeria is the STATUTE OF FRAUD ACT OF 1677. As the name implies, it is a special Act for prevention of frauds and perjuries. It protects both illiterates and literates in transactions. It has laid down certain regulations for land transactions to ensure protection of parties’ intent. The Act has made it compulsory that transactions and dealings on land MUST be documented; written. So, that mere oral agreement in dealings of land is not allowed. Specifically SECTION 4 of the STATUTE OF FRAUD ACT provides that no action shall be brought upon any contract for the sale or disposition of land or any interest, unless the agreement upon which such action is brought or some memorandum or note thereof is in writing, signed by the party to be charged or by same person through his lawfully representative.

By putting in writing every land transaction, an illiterate just like an illiterate will be afforded equal opportunities to have his intentions clearly documented by another and the details of such person properly exhibited on the land documents.Any writer of the intentions of an illiterate in a land transaction is required by the STATUTE OF FRAUD ACT, 1677to observe the legal requirements set out by the law in the ILLITERATES PROTECTION ACTas shown above. Above all, it is pertinent to remind all, that it is only legal practitioners that can write documents relating to land transaction for a profit (As provided in SECTION 22 (1) (D) OF THE LEGAL PRACTITIONERS ACT). Hence, the Statue of Fraud sets a fulcrum that swings the other protections available to illiterates especially in land transactions.
Any land transaction that is not written cannot be enforced. The only proof of land deal is written documents to same. Apart from the Statute of fraud that provided for this, same provision is contained in SECTION 67 (1) OF THE PROPERTY AND CONVEYANCING LAW OF 1959, SECTION 67 OF THE LAW OF PROPERTY LAW, CAP 23 LAWS OF ABIA STATE 1999 and SECTION 5 (2) OF THE LAW REFORM (CONTRACT) ACT OF THE FEDERAL CAPITAL TERRITORY, 2006. Please note that, land transaction under the customary law and ownership system does not need to be written, because writing is alien and unknown to customary ownership; one of the relics of colonisation. Consequently, illiterates involved in land transactions under the customary law ownership are to be protected by the accepted requirements of a valid sale of land under customary law; for example Price, Presence of witnesses and Parties to oral agreements. For more on customary land law transactions read my publication, “SAFEST MEANS TO PURCHASE RURAL LANDS”. All the above protections and many more are the present legal protection for the illiterates in Nigeria.

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Reference:http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/20-legal-protection-of-illiterates-in-nigeria