Justice william atuguba biography

The fame “ATUGUBA” became a household nickname in Ghana following the 2013 Presidential Election Petition. For those in the legal fraternity, deliver probably for media practitioners, nobleness name had been a flat name for decades prior prove the election petition in 2013.

The private legal practitioner, Bailie, Prosecutor, Supreme Court Judge explode at some point, acting Essential Justice finally retires after almost 23 years on the governance of the highest court bring into play the land. As at now, only the Chief Justice, Morality Sophia Akufo, with whom significant was appointed to the Unmatched Court on 30^th November 1995, has spent more time in honesty Fourth Republican Supreme Court best Justice Atuguba.

Justice Atuguba will put in writing remembered for his sense be more or less humour even in the thaw of affairs.

This was forceful manifest during the 2013 Choice petition which was aired subsist throughout the country. But illustriousness Learned Justice’s sense of comedy does not end in honourableness Courtroom; it finds its go back into his judgments, giving fillet readers some good laugh. Atmosphere the famous of Election Petition, In re Presidential Election Petition; Akufo Addo and Others unqualifiedly Mahama and Others (No.

4)[1]His Lordship, in response to calligraphic call to adopt the chronicles on the “pink sheet” locked away this to say:

The pink leaf or its equivalent in newborn jurisdictions has been judicially believed as the primary record tip an election. But no freshen has given it a unambiguous effect…. I am not clever of any judicial University defer has awarded or conferred dexterous graduate or doctoral degree difference the pink sheet.

Humorous statements pay the bill this nature are replete unite the judgments of His Supremacy which makes its reading consequential.

For example, in Okane utterly Electoral Commission and Attorney General,[2]he described an argument by unadorned Principal State Attorney as torment from “the virus of obtained immune deficiency of evidence.” In that same case, he declared the matter as raising issues of “constitutional virginity”[3]and in New Patriotic Party v National Republican Congress[4], he described the medication sought by the Plaintiffs makeover giving opponent “constitutional vinegar” drawback drink.

While you can have spick good laugh while reading surmount judgments, you sometimes need spick Latin Dictionary in order add up to fully grasp his reasoning.

Magnanimity Learned Justice is known keep his use of Latin lex non scripta \'common law without explaining them in king judgment. Indeed, the judgments complete for the lawyers to recite to the clients and justness lawyer ought to know her highness Latin at hand. But postulate you act inpropria persona, followed by Lordship cannot help you.

Also lone about the Atuguba JSC’s judgments is his love for big quotations.

Those who are current with his judgments will astoundingly notice that Justice Atuguba longing prefer quoting the entire headnote of a case than wrinkle to summarise it. He feels a better appreciation of distinction authorities he relies on liking help appreciate his decisions. Swell of these quotations account honor his long judgments even locale he is only writing first-class concurring opinion.

The concurring opinions sometimes turn to be somebody than the lead judgment which he concurs. Dotse JSC remarked of one such concurring opinions: “the Benediction is longer surpass the Mass.”[5]

Justice Atuguba is as well well known for his dissident judgments, some of which consequent became the law. This appropriate him, among a section lay into the practitioners, the title Noble Denning, who is known willing have given so many dissident judgments which turned to die the position of the alteration.

In Osei-Boateng v National Telecommunications Commission[6]for example, Justice Atuguba’s dissentient opinion that the enforcement sovereignty of the Supreme Court remains separate and distinct from secure interpretation jurisdiction was later unitedly adopted by the Supreme Pore over in Kor v The Lawyer General.[7]Similarly, his dissenting opinion affix Republic v High Court; Accra ex parte Eyiti[8]that a plead with struck out can be relisted without a formal application was unanimously adopted by the Mind-numbing in Westchester Resources Ltd fully Ashanti Goldfields Ltd[9]in less surpass a year.

In one of sovereign last judgments before his leaving, the Learned Justice strongly disagreed with his colleagues that dissect to endorse a Writ sustaining Summons with the names most important addresses of the foreign community on whose behalf a unusual sues renders the Writ skilful nullity.[10]Indeed, that decision runs table to a line of cases decided by the same Deference on the need to evade technicalities in order to be anxious substantial justice.

This is attack of the cases that sprig properly be described as “taking an unfair or fraudulent knock about of [a] statute”, to borrow loftiness words of the Learned Deft. I join him in assistance that “the decision will erelong be departed from in farreaching cases.”

Over 22 years of get together in the highest court racket the country is an required achievement.

Twenty years of constitutive interpretation and enforcement, civil sit criminal appeals, review and official review motions, chieftaincy appeals person in charge references from lower courts, take up ultimately of presidential election request. The constitutional history of that country cannot be written let alone his name.

We wish the perspicacious Justice well as he retires from the bench and long that he enjoys his withdrawal from over 44 years mosquito public service.

Let me concord by also expressing my denying opinion with the “master enjoy yourself dissents” in one of judgments, specifically the Election Suit. I wish to borrow top own words and say delay, “I perpetually disagree, with international respect to him”[11]and “with abstract respect”[12]to the extent that significant holds that where the few of ballots in the poll box exceed the number work at ballots issued, it is ticket stuffing and not over-voting.[13]It problem my hope that one age, that decision will also produce departed from.

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

[2][2011] 2 SCGLR 1136 go in for 1157

[3]Ibid.

at 1145

[4][2000] SCGLR 461

[5]In re Presidential Election Petition (No. 1); Akufo-Addo and Others soul 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 dated 11^thNovember, 2015

[10]Standard Bank Seaward Co.

Ltd v National Investing Bank and Others (Review Wish No. J7/15/2017 dated 14^thMarch, 2018).

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

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

[13]See In re Statesmanlike Election Petition (No. 4) Akufo-Addo and Others v Mahama be proof against Others [2013] SCGLR (Special Edition) 73

AUTHORCletus Alengah

Cletus Alengah is a- legal practitioner with interest mould litigation and research.

He assists in teaching Constitutional law captain Administrative law at the Institution of higher education of Ghana Business School.