23
stayed both at Abraka and Agbarho. I did not attend primary school at Abraka. It was at Agbarho that I
went to primary school.
In any case, the erudite professor of law, Prof. I. E. Sagay, opined that the intention of an Illiterates
Protection Law is to protect persons by ensuring that they fully understand their obligations and rights
in contractual documents before signing them so that they will not be cheated. The learned professor
wrote on page 468 of his book: Nigerian Law of Contract, as follows:
The illiterates protection laws are meant to protect a person illiterate in the language of a contractual
document from being cheated if in fact he did not understand the document he has signed.
The trial Court, per Hon. Justice Emudain-Owho, was eminently right by holding that:
An illiterate jurat on a document executed by an illiterate is only applicable to contractual documents.
I agree with the decision of the trial Court on this issue.
In this case, the learned trial Judge adequately evaluated the evidence on record and rightly convicted
the appellant of the
24
offence of unlawful carnal knowledge of the victim Osaruese Eguakun when she was only 4 (four) years.
Exhibit A is titled AFFIDAVIT AS TO SETTLEMENT deposed to by Eguakun Precious the father of the
victim on the 15th day of April, 2015. In paragraphs 2 and 3 of the said affidavit, Eguakun Precious
deposed as follows:
2. That EGUAKUN OSARUESE (F), four years of age is my daughter.
3. That JOHNSON AJE forcefully had carnal knowledge of my daughter EGUAKUN OSARUESE on the 6th
day of September, 2014 and was brought to magistrate Court III, Abraka in Charge No. MAB/40C/2014
and thereafter remanded to prison custody at Sapele Prison.
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières