Nigeria is a growing economy and one of the indices for that is that there is a high volume of illiteracy in Nigeria. Consequently, there is the likelihood of dealing with a lot of Illiterate vendors in land transactions in Nigeria. This article therefore, attempts to highlight some tips that would assist when buying a land from an Illiterate Vendor.

Who is An Illiterate?

The first point to begin this discourse would be to understand who an illiterate is according to the laws of the land.

The Law defines an illiterate thus: “An illiterate is a person who is unable to read or write or understand a particular document”. Taking a step further, an illiterate vendor is therefore that owner of land who intends to sell or sell his land, but is unable to read or write or understand basic conveyance documents such as Deed of Assignment, Deed of Lease, power of attorney etc.

Protection of the Illiterate Vendor.

In consideration of the complex nature of today’s society and the place of documentation of land dealings in Nigeria, it became necessary for the state to protect the illiterate vendor and indeed all illiterates from fraud and from being taken advantage of unduly.

To achieve this, various states of the federation have enacted a law known as the Illiterates Protection Law, to as the name suggests to protect the illiterates.

By virtue of that law, the following procedure must be followed when dealing with an illiterate vendor and when executing a deed of conveyance or any other type of document that deals with the conveyance of land:

• The document is usually thumb-printed by the illiterate vendor.
• The document must be read and interpreted to the illiterate in the language that he or she understands.
• The name of the writer of the document must be stated.
• The name of the interpreter.
• A statement to the effect that the illiterate vendor was carried along, and the content of the document, explained to him before her thumb printing.
• The transaction shall be executed in the presence of a magistrate.

Need for Legal Advice: Dealing with an Illiterate Vendor.

While it is not the intent and objective of the writer to demean and bring down illiterates, experience and research have shown that a lot of problems arise from property bought from illiterate vendors. Usually, the problem is caused by the children and heirs of the illiterate vendor, who would come forward to challenge the purchaser, that the land was not sold by their father or mother,  but that the transaction was a loan or mortgage, for which the purchaser took advantage of.

To drive home the point, we will capture the issue with the factual case below:

In Ezeigwe .v. Awudu, A plot of land situate at Port-Harcourt was allocated to the Mrs Awudu by the then Eastern government.  Mr. James Ezeigwe entered into an agreement in 1945 with Mrs Awudu. The contract was that Mr. Ezeigwe  would construct a 29 room apartment on the land and the houses would be leased to tenants, from which he would re-coup his money with some profits and share remaining profits with her.

Sometimes around 1966, the civil war broke out and Mrs Awudu of Nupe Northern extraction ran back to the North. But before she left, she appointed Mr. Ezeigwe to collect rents from the property. Mr. Ezeigwe then demanded for a document which would show to the tenants that he has authority over the property. She then executed a power of attorney over the property.

Mrs. Awudu who was an illiterate thumb-printed the document. Upon her return after the war, Mr. Ezeigwe had died and his son applied to the Ministry for registration of the power of attorney to enable him continue with the arrangement. It was at this stage that the said Mrs Awudu insisted that there is no commitment with the Mr. Ezeigwe, that she never understood the content of the document as she was an illiterate. The court held that failure to comply with the Illiterates Protection Law renders the transaction invalid.

Things to do when Buying from the Illiterates Vendor:

A prudent buyer of land must be extra cautious when buying a land belonging to a vendor. This is important as failure to do so, could result in big issues of denial as to the authenticity of the sale. It is therefore wise that you consult a lawyer  for specific guidance and legal compliance.

The buyer must as a safeguard do the following:

• Ensure that persons who understand the language of the illiterate vendor are present during the negotiations and final transaction.
• Prevail on the Illiterate vendor to provide an interpreter as providing one yourself, might be looked upon with suspicion.
• The Deed of conveyance must be read in English and interpreted in the language he or she understands.
• The lawyer must ensure that a magistrate within that area or jurisdiction witness to the transaction.

Conclusion:

The issue discussed is one that occurs on a daily basis. It would be wise to get legal guidance when investing hard earned money in the acquisition of property. To this extent, we are implored to be careful when dealing with an illiterate vendor, as the law considers the literate buyer at an advantage which can be deployed against the illiterate vendor. Happy reading!

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