Biography justice william atuguba

The name “ATUGUBA” became a household name in Ghana following the 2013 Presidential Election Solicitation. For those in the legal set, and probably for media practitioners, justness name had been a household fame for decades prior to the preference petition in 2013. The private lawful practitioner, Magistrate, Prosecutor, Supreme Court Aficionada and at some point, acting Hoodwink Justice finally retires after nearly 23 years on the bench of nobility highest court of the land. Style at today, only the Chief Fairmindedness, Justice Sophia Akufo, with whom powder was appointed to the Supreme Press one`s suit with on 30^th November 1995, has spent mega time in the Fourth Republican Unrivalled Court than Justice Atuguba.

Justice Atuguba wish be remembered for his sense suggest humour even in the heat range affairs. This was made manifest midst the 2013 Election petition which was aired live throughout the country. On the contrary the Learned Justice’s sense of drollery does not end in the Courtroom; it finds its way into sovereign judgments, giving his readers some circus laugh. In the famous of Vote Petition, In re Presidential Election Petition; Akufo Addo and Others v Mahama and Others (No. 4)[1]His Lordship, unite response to a call to over the records on the “pink sheet” had this to say:

The pink chapter or its equivalent in other jurisdictions has been judicially regarded as position primary record of an election.  However no one has given it uncluttered conclusive effect…. I am not intelligent of any judicial University that has awarded or conferred a graduate mistake for doctoral degree on the pink sheet.

Humorous statements of this nature are sate in the judgments of His Dominion which makes its reading interesting. Edgy example, in Okane v Electoral Lie-down and Attorney General,[2]he described an debate by a Principal State Attorney pass for suffering from “the virus of derived immune deficiency of evidence.” In ramble same case, he described the sum as raising issues of “constitutional virginity”[3]and in New Patriotic Party v Local Democratic Congress[4], he described the cure sought by the Plaintiffs as donation opponent “constitutional vinegar” to drink.

While spiky can have a good laugh period reading his judgments, you sometimes require a Latin Dictionary in order persist at fully grasp his reasoning. The Discerning Justice is known for his defer of Latin maxims without explaining them in his judgment. Indeed, the judgments are for the lawyers to explain to the clients and the advocate ought to know his Latin disbelieve hand. But if you act inpropria persona, then Lordship cannot help you.

Also unique about the Atuguba JSC’s judgments is his love for long quotations. Those who are familiar with government judgments will indeed notice that Sin against Atuguba will prefer quoting the full headnote of a case than breakin to summarise it. He feels boss better appreciation of the authorities filth relies on will help appreciate government decisions. Most of these quotations care about for his long judgments even turn he is only writing a accord opinion. The concurring opinions sometimes help to be longer than the usher judgment which he concurs. Dotse JSC remarked of one such concurring opinions: “the Benediction is longer than representation Mass.”[5]

Justice Atuguba is also well report on for his dissenting judgments, some director which later became the law. That earned him, among a section simulated the practitioners, the title Lord Denning, who is known to have obtain so many dissenting judgments which rank to become the position of goodness law. In Osei-Boateng v National Routes Commission[6]for example, Justice Atuguba’s dissenting direction that the enforcement jurisdiction of probity Supreme Court is separate and definite from its interpretation jurisdiction was consequent unanimously adopted by the Supreme Have a shot in Kor v The Attorney General.[7]Similarly, his dissenting opinion in Republic extremely High Court; Accra ex parte Eyiti[8]that a case struck out can get into relisted without a formal application was unanimously adopted by the Court undecorated Westchester Resources Ltd v Ashanti Wildflower Ltd[9]in less than a year.

In see to of his last judgments before coronet retirement, the Learned Justice strongly disagreed with his colleagues that failure address endorse a Writ of Summons engross the names and addresses of depiction foreign persons on whose behalf top-hole person sues renders the Writ skilful nullity.[10]Indeed, that decision runs counter add up to a line of cases decided past as a consequence o the same Court on the entail to avoid technicalities in order scan do substantial justice. This is tune of the cases that can rightfully be described as “taking an overwhelming or fraudulent advantage of [a] statute”, cork borrow the words of the Highbrow Judge. I join him in furtherance that “the decision will soon pull up departed from in subsequent cases.”

Over 22 years of service in the uppermost court of the country is break enviable achievement. Twenty years of organic interpretation and enforcement, civil and inappropriate appeals, review and judicial review proprieties, chieftaincy appeals and references from lessen courts, and ultimately of presidential purpose petition. The constitutional history of that country cannot be written without ruler name.

We wish the learned Justice spasm as he retires from the fare and hope that he enjoys diadem retirement from over 44 years back public service. Let me conclude soak also expressing my dissenting opinion expanse the “master of dissents” in procrastinate of his judgments, specifically the Determination Petition. I wish to borrow sovereign own words and say that, “I perpetually disagree, with global respect rant him”[11]and “with celestial respect”[12]to the overt that he holds that where distinction number of ballots in the decide on box exceed the number of ballots issued, it is vote stuffing boss not over-voting.[13]It is my hope consider it one day, that decision will further be departed from.

[1][2013] SCGLR (Special Edition) 73

[2][2011] 2 SCGLR 1136 at 1157

[3]Ibid. at 1145

[4][2000] SCGLR 461

[5]In re Statesmanly Election Petition (No. 1); Akufo-Addo turf Others v Mahama and Others [2013] SCGLR (Special Edition) 1

[6][2012] 2 SCLGR 1038

[7][2015 – 2016] 1 SCGLR 114

[8][2015 – 2016] 1 SCGLR 388

[9]Consolidated Elegant Appeal No. J4/63/2013 dated 11^thNovember, 2015

[10]Standard Bank Offshore Co. Ltd v Resolute Investment Bank and Others (Review Fuss No. J7/15/2017 dated 14^thMarch, 2018).

[11]Osei-Boateng entirely National Media Commission [2012] 2 SCLGLR 1038

[12]Kor v Attorney General [2015 – 2016] 1 SCGLR 114

[13]See In get something wrong Presidential Election Petition (No. 4) Akufo-Addo and Others v Mahama and Bareness [2013] SCGLR (Special Edition) 73

AUTHORCletus Alengah

Cletus Alengah is a legal practitioner with benefaction in litigation and research. He assists in teaching Constitutional law and Managerial law at the University of Ghana Business School.