This laws exist in various States in order to protect the illiterate persons involved in transactions generally. Various States in Nigeria have their own Illiterate Protection Laws. For instance in Lagos State, it is Cap. 13, Laws of Lagos State 2003; in Abuja, it's Cap.11, Vol. 3, Laws of the Federal Capital Territory, 2006; and in Ogun State, the Illiterate Protection Law is Cap.47 Laws of Ogun State 1978.

This Illiterate Protection Laws "is like a very wide umbrella and covers all forms of writing or document written at the request of an illiterate person". See Lawal v. Ollivant (1972) 3 SC 124. It does not only protect the illiterate person only in real property transactions, but in all transactions generally.

An illiterate person is that person that can not read or write or understand a particular document. The fact that a person thumb-prints a document is seen as a prima facie evidence that such a person was an illiterate, in the absence of any contrary evidence.

Section 2 Illiterate Protection Law, Cap. 67 Laws of Lagos State, 1994 states that 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 document his own name as the writer and his address. This is to show that the person was instructed to write such document or letter by the illiterate person for whom it purports to have been written; and that the document fully and correctly represents his instructions. If the letter or document is purported to be signed with the signature or mark of the illiterate person, it would be assumed that the signature or mark was made by such illiterate person. See Section 2 (a & b). While, the date and address is also important if there arise any doubt or denial as to the statements that was made by the illiterate person, the writer will be traced to show whether the contents of the document represents the veracity of what the illiterate asserts. Thus, the protection is for the benefit of the illiterate. See the case of Fatumbi v. Olanloye (2004) All FWLR part 225, p. 150.

The main object of this law is to protect an illiterate person from possible fraud. Therefore, strict compliance is a must as regards the writer of the document. Where such documents creates legal rights and the writer benefits under it, those benefits are only enforceable by the writer if he complies with the provisions of the law. In the case of Ezeigwe v. Awudu (2008) ALL FWLR part 434 p.1529 it was held that if a document which does not comply with the provisions of the law creates legal rights between the illiterate and a third party, evidence may be called to prove what happened at the time the document was prepared by the writer before the parties signed it, but the writer himself cannot adduce evidence on his own to remedy the omission. Moreover, when it is required of the illiterate person to sign or make a mark, the document must be read over and explained to him. In legal practice, this calls for the insertion in the document what is referred to as the Illiterates' Jurat, which is a clause that intends to show that the illiterate person had been made to understand the contents of the document before affixing his signature, at the same time providing the particulars of the person who explained the contents to the illiterate person.

An example of the Illiterate Jurat can be seen below where the person executing is illiterate or blind, the executing clause may be drafted as follows:-

"SIGNED, SEALED, AND DELIVERED by....................................

The foregoing having been first read and interpreted by me............................. in the......................... language when he appeared perfectly to understand the contents before affixing his thumb impression or mark."