Chief Okon, an illiterate land owner who speaks no English, signed a deed conveying his title in land to Tunde. Tunde fraudulently misrepresented the document as a mere temporary tenancy permit. In a suit by Tunde to enforce the transfer of title, which defense can Chief Okon successfully set up under Nigerian law?

The defense of 'non est factum' (it is not my deed) allows a party who signed a document radically different from what they believed it to be, without negligence, to avoid the contract. Coupled with the protection under the Illiterates Protection Act, Chief Okon can plead non est factum to deny execution of the deed.