government ‘white paper’ • Helar

Q239. How significant is a government “white paper” in judicial proceeding and what does it even mean?

A government “white paper” is an overt act of acceptance or rejection by the government of the findings of a Panel or Commission of Inquiry set up by it to investigate any particular issue of governmental or public interest. For instance, when a government accepts the findings of a Commission of Inquiry which it has set up, the government is expected to express its acceptance or rejection of all or some or any one of the findings in its white paper. It is a statement of government policy and very important in judicial proceedings where issues relating to same arises. Olanrewaju V. Oyesomi (2014) 11 NWLR (Pt. 1418) 258 SC.

Q240. Where a panel insist that the government had accepted its recommendation and the government denies, on whom lies the duty to prove same?

The panel has the duty to prove same. Where the panel insist that the government had officially accepted and acted on its recommendation, the duty falls on the panel to prove same. See Tao & Sons Ind. Ltd. v. Gov. Oyo State (2011) 6 NWLR (Pt. 1242) 1 CA.

Q241. Does a government White Paper require certification for it to be admissible in evidence?

A government White Paper is obviously a public document. However, such document being a government White Paper is expected to have been printed by the order of the government as such certification would no longer be required in order to prove its content. Buhari V. INEC (2008) 4 NWLR (Pt. 1078) 546 CA.

Q242. Can a party seek nullification of a government White Paper because it affects his right under an agreement with another person?

A party may seek the nullification of a government white paper on the ground that it affects his or her right under a contract with a third party. However, such party must as a matter of fact produce and tender both the government White Paper and the agreement allegedly breached in court to enable the court to consider the nature of the agreement, the kind of rights and obligations created by it, compare it with the White Paper to decide whether indeed it breached his right under the agreement. Ogbonna v. Ogbuji (2014) 6 NWLR (Pt. 1403) 205 CA.

Q243. What effect will it have if the person complaining of the White Paper breaching his rights under an Agreement with another produces only one of these two documents - his agreement with the 3rd party or the White paper – before the court?

It is very important to produce the two documents so that the court can compare and see whether there is indeed any breach of the agreement. Failure to produce the two sets of document is fatal to the case. Ogbonna v. Ogbuji (2014) 6 NWLR (Pt. 1403) 205 CA.

Q244. Where a party wishes to rely on the previous Court Judgment can he do same orally?

No, oral evidence of previous judgment is not admissible under the Evidence Act. If a person intends to prove the judgment of a court or tribunal or wishes to rely on any part of the court’s proceeding, then that judgment or record of proceeding must be actually pleaded and tendered in evidence. Section 128 Evidence Act, 2011 Osagie v. Oyeyinka (1985) 3 NWLR (Pt. 11) at 52; Nzekwu v. Nzekwu (1989) 2 NWLR (Pt. 104) at 373.