The law is now firmly established in a long line of decided cases, as are replete in our law reports, that a signature without a name is a non-starter. It is invalid and incurably bad and of no moment or legal consequences whatsoever. In law, a signature of a person is, simply put, a written name of that document made by that person in his name and signifies an authentication of that document that such a named person holds himself out as bound or responsible for the contents of such a document. It is the signature signed over the name of the person that identifies such a document as the act of the person whose name is subscribed, without which such a document is not only suspect but can hardly also pass for the act of such an unnamed person. It is simply useless and worthless.
The importance of signature as a way of authenticating documents should not be underestimated. It is common knowledge that a person’s signature, written names or mark on document, not under seal, signifies an authentication of that document that such a person holds himself out as bound or responsible for the contents of such a document or record. It is also pertinent to note that a signature on a document identifies the document as an act of a particular person and without such signature; the document cannot pass as the act of such unnamed person.
We state finally that the traditional function of a signature is to permanently affix to a document a person’s uniquely personal undeniable self-identification as physical evidence of that person’s personal witness and certification of the content of all or a specified part of document. Thus, the purpose is to authenticate a writing, or provide notice of its source and bind the individual signing the writing.
The importance of signature and the need to append signature on legal documents or any document at all cannot be underestimated for, as held in Adefarasin v. Dayekh (2007) 11 NWLR (Pt. 1044) 89. A person’s signature, written names or mark on a document, not under seal, signifies an authentication of that document, that person holds himself out as bound or responsible for the contents of such a document. It is the signature and the name of the person that links the document to the maker. Where this is lacking, the document is fundamentally defective and therefore of no use for all purposes.
By Davidson Duru.
