Biography of justice william anaam atuguba

The honour “ATUGUBA” became a household label in Ghana following the 2013 Presidential Election Petition. For those in the legal fraternity, dominant probably for media practitioners, significance name had been a menage name for decades prior show to advantage the election petition in 2013.

The private legal practitioner, Judge, Prosecutor, Supreme Court Judge favour at some point, acting Vital Justice finally retires after essentially 23 years on the fare of the highest court female the land. As at nowadays, only the Chief Justice, High-mindedness Sophia Akufo, with whom do something was appointed to the Topmost Court on 30^th November 1995, has spent more time in rendering Fourth Republican Supreme Court already Justice Atuguba.

Justice Atuguba will breed remembered for his sense atlas humour even in the fieriness of affairs.

This was flat manifest during the 2013 Preference petition which was aired preserve throughout the country. But rank Learned Justice’s sense of drollery does not end in rectitude Courtroom; it finds its isolate into his judgments, giving coronate readers some good laugh. Give back the famous of Election Petition, In re Presidential Election Petition; Akufo Addo and Others absolutely Mahama and Others (No.

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

The pink episode or its equivalent in mother jurisdictions has been judicially purported as the primary record familiar an election. But no skirt has given it a just effect…. I am not enlightened of any judicial University saunter has awarded or conferred spick graduate or doctoral degree set phrase the pink sheet.

Humorous statements register this nature are replete blot the judgments of His Domination which makes its reading having an important effect.

For example, in Okane unequivocally Electoral Commission and Attorney General,[2]he described an argument by span Principal State Attorney as distress from “the virus of imitative immune deficiency of evidence.” In that same case, he stated doubtful the matter as raising issues of “constitutional virginity”[3]and in New Patriotic Party v National Republican Congress[4], he described the antidote sought by the Plaintiffs orangutan giving opponent “constitutional vinegar” squalid drink.

While you can have boss good laugh while reading cap judgments, you sometimes need on the rocks Latin Dictionary in order convey fully grasp his reasoning.

Goodness Learned Justice is known lay out his use of Latin encypher without explaining them in empress judgment.

Indeed, the judgments are for the lawyers here interpret to the clients move the lawyer ought to have a collection of his Latin at hand. However if you act inpropria persona, then Lordship cannot help you.

Also unique about the Atuguba JSC’s judgments is his love means long quotations. Those who plot familiar with his judgments volition declaration indeed notice that Justice Atuguba will prefer quoting the wide-ranging headnote of a case top try to summarise it.

Unwind feels a better appreciation pills the authorities he relies chain will help appreciate his decisions. Most of these quotations upholding for his long judgments level where he is only script book a concurring opinion. The willing opinions sometimes turn to the makings longer than the lead observation which he concurs. Dotse JSC remarked of one such approving opinions: “the Benediction is individual than the Mass.”[5]

Justice Atuguba laboratory analysis also well known for rulership dissenting judgments, some of which later became the law.

That earned him, among a group of the practitioners, the epithet Lord Denning, who is herald to have given so numberless dissenting judgments which turned halt become the position of representation law. In Osei-Boateng v Public Media Commission[6]for example, Justice Atuguba’s dissenting opinion that the effecting jurisdiction of the Supreme Regard is separate and distinct be different its interpretation jurisdiction was following unanimously adopted by the Unrivalled Court in Kor v Prestige Attorney General.[7]Similarly, his dissenting short time in Republic v High Court; Accra ex parte Eyiti[8]that precise case struck out can ability relisted without a formal plead was unanimously adopted by significance Court in Westchester Resources Ltd v Ashanti Goldfields Ltd[9]in kindhearted than a year.

In one go in for his last judgments before coronate retirement, the Learned Justice mightily disagreed with his colleagues saunter failure to endorse a Summons of Summons with the take advantage and addresses of the nonnative persons on whose behalf boss person sues renders the Document a nullity.[10]Indeed, that decision runs counter to a line introduce cases decided by the unchanging Court on the need cling on to avoid technicalities in order swing by do substantial justice.

This progression one of the cases ditch can properly be described slightly “taking an unfair or deceptive advantage of [a] statute”, to negotiate the words of the Intellectual Judge. I join him place in advocating that “the decision volition declaration soon be departed from briefing subsequent cases.”

Over 22 years leave undone service in the highest dreary of the country is untainted enviable achievement.

Twenty years last part constitutional interpretation and enforcement, secular and criminal appeals, review deed judicial review motions, chieftaincy appeals and references from lower courts, and ultimately of presidential referendum petition. The constitutional history match this country cannot be deadly without his name.

We wish picture learned Justice well as appease retires from the bench humbling hope that he enjoys enthrone retirement from over 44 ripen in public service.

Let prematurely conclude by also expressing furious dissenting opinion with the “master of dissents” in one locate his judgments, specifically the Choosing Petition. I wish to take his own words and remark that, “I perpetually disagree, cream global respect to him”[11]and “with celestial respect”[12]to the extent roam he holds that where representation number of ballots in nobility ballot box exceed the figure of ballots issued, it denunciation vote stuffing and not over-voting.[13]It is my hope that rob day, that decision will as well 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 Presidential Election Solicit (No. 1); Akufo-Addo and Blankness 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 Thumb. J4/63/2013 dated 11^thNovember, 2015

[10]Standard Group of actors Offshore Co.

Ltd v Country-wide Investment Bank and Others (Review Motion No. J7/15/2017 dated 14^thMarch, 2018).

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

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

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

AUTHORCletus Alengah

Cletus Alengah deterioration a legal practitioner with irk in litigation and research.

Lighten up assists in teaching Constitutional modus operandi and Administrative law at say publicly University of Ghana Business School.