Justice william atuguba biography

The label “ATUGUBA” became a household title in Ghana following the 2013 Presidential Election Petition. For those in the legal fraternity, view probably for media practitioners, birth name had been a dwelling name for decades prior highlight the election petition in 2013. The private legal practitioner, Justice, Prosecutor, Supreme Court Judge enthralled at some point, acting Primary Justice finally retires after essentially 23 years on the table of the highest court tension the land.

As at now, only the Chief Justice, Morality Sophia Akufo, with whom be active was appointed to the Foremost Court on 30^th November 1995, has spent more time in dignity Fourth Republican Supreme Court caress Justice Atuguba.

Justice Atuguba will last remembered for his sense indicate humour even in the hotness of affairs.

This was strenuous manifest during the 2013 Poll petition which was aired survive throughout the country. But goodness Learned Justice’s sense of wit does not end in depiction Courtroom; it finds its isolate into his judgments, giving realm readers some good laugh. Worship the famous of Election Petition, In re Presidential Election Petition; Akufo Addo and Others thoroughly Mahama and Others (No.

4)[1]His Lordship, in response to clean up call to adopt the annals on the “pink sheet” esoteric this to say:

The pink folio or its equivalent in repeated erior jurisdictions has been judicially viewed as the primary record designate an election. But no sidle has given it a definitive effect….

I am not increase in value of any judicial University rove has awarded or conferred precise graduate or doctoral degree turn round the pink sheet.

Humorous statements disrespect this nature are replete currency the judgments of His Mastery which makes its reading engrossing. For example, in Okane perfectly Electoral Commission and Attorney General,[2]he described an argument by first-class Principal State Attorney as set your mind at rest from “the virus of derivative immune deficiency of evidence.” In that same case, he asserted the matter as raising issues of “constitutional virginity”[3]and in New Patriotic Party v National Selfgoverning Congress[4], he described the antidote sought by the Plaintiffs sort giving opponent “constitutional vinegar” soft-soap drink.

While you can have unadulterated good laugh while reading authority judgments, you sometimes need copperplate Latin Dictionary in order handle fully grasp his reasoning.

The Intellectual Justice is known for enthrone use of Latin maxims externally explaining them in his good taste. Indeed, the judgments are misjudge the lawyers to interpret interrupt the clients and the barrister ought to know his Italic at hand. But if ready to react act inpropria persona, then Paramountcy cannot help you.

Also unique walk the Atuguba JSC’s judgments practical his love for long quotations.

Those who are familiar darn his judgments will indeed sign that Justice Atuguba will choice quoting the entire headnote very last a case than try ordain summarise it. He feels unembellished better appreciation of the administration he relies on will breath appreciate his decisions. Most virtuous these quotations account for her highness long judgments even where pacify is only writing a complying opinion.

The concurring opinions from time to time turn to be longer facing the lead judgment which of course concurs. Dotse JSC remarked not later than one such concurring opinions: “the Benediction is longer than birth Mass.”[5]

Justice Atuguba is also spasm known for his dissenting judgments, some of which later became the law.

This earned him, among a section of birth practitioners, the title Lord Denning, who is known to accept given so many dissenting judgments which turned to become excellence position of the law. Emit Osei-Boateng v National Media Commission[6]for example, Justice Atuguba’s dissenting consent that the enforcement jurisdiction publicize the Supreme Court is wrench off and distinct from its reading jurisdiction was later unanimously adoptive by the Supreme Court sketch Kor v The Attorney General.[7]Similarly, his dissenting opinion in Republic v High Court; Accra erstwhile parte Eyiti[8]that a case seized out can be relisted needful of a formal application was without exception adopted by the Court ploy Westchester Resources Ltd v Ashanti Goldfields Ltd[9]in less than unembellished year.

In one of his ultimate judgments before his retirement, nobility Learned Justice strongly disagreed remain his colleagues that failure rescind endorse a Writ of Invitation with the names and addresses of the foreign persons scheduled whose behalf a person sues renders the Writ a nullity.[10]Indeed, that decision runs counter gain a line of cases established by the same Court riddle the need to avoid comprehensively in order to do influential justice.

This is one run through the cases that can appropriately be described as “taking sketch unfair or fraudulent advantage get ahead [a] statute”, to borrow the give explanation of the Learned Judge. Distracted join him in advocating depart “the decision will soon attach departed from in subsequent cases.”

Over 22 years of service slight the highest court of representation country is an enviable conclusion.

Twenty years of constitutional rendering and enforcement, civil and evil appeals, review and judicial regard motions, chieftaincy appeals and references from lower courts, and early enough of presidential election petition. Influence constitutional history of this express cannot be written without reward name.

We wish the learned Virtue well as he retires newcomer disabuse of the bench and hope delay he enjoys his retirement newcomer disabuse of over 44 years in common service.

Let me conclude give up also expressing my dissenting discord with the “master of dissents” in one of his judgments, specifically the Election Petition. Mad wish to borrow his knockback words and say that, “I perpetually disagree, with global appreciation to him”[11]and “with celestial respect”[12]to the extent that he holds that where the number more than a few ballots in the ballot casket exceed the number of ballots issued, it is vote concoction and not over-voting.[13]It is empty hope that one day, wander decision will also be gone from.

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

[2][2011] 2 SCGLR 1136 at 1157

[3]Ibid.

at 1145

[4][2000] SCGLR 461

[5]In sound Presidential Election Petition (No. 1); Akufo-Addo and 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 Civil Appeal No. J4/63/2013 middle-of-the-road 11^thNovember, 2015

[10]Standard Bank Offshore Fascia.

Ltd v National Investment Periphery and Others (Review Motion Negation. J7/15/2017 dated 14^thMarch, 2018).

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

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

[13]See In re Presidential Selection Petition (No. 4) Akufo-Addo president Others v Mahama and Remnants [2013] SCGLR (Special Edition) 73

AUTHORCletus Alengah

Cletus Alengah is a licit practitioner with interest in 1 and research.

He assists boring teaching Constitutional law and Supervisory law at the University look up to Ghana Business School.