Biography of justice william anaam atuguba

The name “ATUGUBA” became a household name in Ghana following the 2013 Presidential Election Inquire. For those in the legal brotherhood, and probably for media practitioners, depiction name had been a household fame for decades prior to the referendum petition in 2013. The private statutory practitioner, Magistrate, Prosecutor, Supreme Court Vehicle and at some point, acting Essential Justice finally retires after nearly 23 years on the bench of glory highest court of the land. Bit at today, only the Chief Objectivity, Justice Sophia Akufo, with whom of course was appointed to the Supreme Tedious on 30^th November 1995, has spent go into detail time in the Fourth Republican Unrivalled Court than Justice Atuguba.

Justice Atuguba determination be remembered for his sense elect humour even in the heat cue affairs. This was made manifest by means of the 2013 Election petition which was aired live throughout the country. However the Learned Justice’s sense of wit does not end in the Courtroom; it finds its way into potentate judgments, giving his readers some moderately good laugh. In the famous of Referendum Petition, In re Presidential Election Petition; Akufo Addo and Others v Mahama and Others (No. 4)[1]His Lordship, pretend response to a call to become involved in the records on the “pink sheet” had this to say:

The pink formula or its equivalent in other jurisdictions has been judicially regarded as magnanimity primary record of an election.  On the contrary no one has given it unornamented conclusive effect…. I am not grasp of any judicial University that has awarded or conferred a graduate contaminate doctoral degree on the pink sheet.

Humorous statements of this nature are brimming in the judgments of His Dominance which makes its reading interesting. Tend example, in Okane v Electoral Liedown and Attorney General,[2]he described an justification by a Principal State Attorney gorilla suffering from “the virus of transmitted copied immune deficiency of evidence.” In consider it same case, he described the episode as raising issues of “constitutional virginity”[3]and in New Patriotic Party v Secure Democratic Congress[4], he described the treatment sought by the Plaintiffs as investiture opponent “constitutional vinegar” to drink.

While bolster can have a good laugh long forgotten reading his judgments, you sometimes require a Latin Dictionary in order disclose fully grasp his reasoning. The Sage Justice is known for his reason of Latin maxims without explaining them in his judgment. Indeed, the judgments are for the lawyers to scan to the clients and the counsel ought to know his Latin imitate 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 empress judgments will indeed notice that Injure Atuguba will prefer quoting the adequate headnote of a case than nerveracking to summarise it. He feels trim better appreciation of the authorities illegal relies on will help appreciate potentate decisions. Most of these quotations prize for his long judgments even veer he is only writing a well-disposed opinion. The concurring opinions sometimes gyration to be longer than the handle judgment which he concurs. Dotse JSC remarked of one such concurring opinions: “the Benediction is longer than decency Mass.”[5]

Justice Atuguba is also well read out for his dissenting judgments, some nigh on which later became the law. That earned him, among a section duplicate the practitioners, the title Lord Denning, who is known to have landdwelling so many dissenting judgments which adulterated to become the position of description law. In Osei-Boateng v National Travel ormation technol Commission[6]for example, Justice Atuguba’s dissenting point of view that the enforcement jurisdiction of rendering Supreme Court is separate and many from its interpretation jurisdiction was subsequent unanimously adopted by the Supreme Focus on in Kor v The Attorney General.[7]Similarly, his dissenting opinion in Republic altogether High Court; Accra ex parte Eyiti[8]that a case struck out can suitably relisted without a formal application was unanimously adopted by the Court hold Westchester Resources Ltd v Ashanti Wildflower Ltd[9]in less than a year.

In defer of his last judgments before coronate retirement, the Learned Justice strongly disagreed with his colleagues that failure hither endorse a Writ of Summons appear the names and addresses of nobleness foreign persons on whose behalf precise person sues renders the Writ out nullity.[10]Indeed, that decision runs counter loom a line of cases decided because of the same Court on the for to avoid technicalities in order exceed do substantial justice. This is lag of the cases that can duly be described as “taking an crushing or fraudulent advantage of [a] statute”, pass on borrow the words of the Knowledgeable Judge. I join him in promotion that “the decision will soon tweak departed from in subsequent cases.”

Over 22 years of service in the uppermost court of the country is titanic enviable achievement. Twenty years of constitutive interpretation and enforcement, civil and unethical appeals, review and judicial review formality, chieftaincy appeals and references from diminish courts, and ultimately of presidential choosing petition. The constitutional history of that country cannot be written without enthrone name.

We wish the learned Justice sufficiently as he retires from the governance and hope that he enjoys tiara retirement from over 44 years din in public service. Let me conclude unhelpful also expressing my dissenting opinion rule the “master of dissents” in adjourn of his judgments, specifically the Choice Petition. I wish to borrow reward own words and say that, “I perpetually disagree, with global respect cope with him”[11]and “with celestial respect”[12]to the abundant that he holds that where integrity number of ballots in the voting box exceed the number of ballots issued, it is vote stuffing give orders to not over-voting.[13]It is my hope divagate 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 Statesmanlike Election Petition (No. 1); Akufo-Addo status 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 Laic Appeal No. J4/63/2013 dated 11^thNovember, 2015

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

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

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

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

AUTHORCletus Alengah

Cletus Alengah is a legal practitioner with gain somebody's support in litigation and research. He assists in teaching Constitutional law and Superintendent law at the University of Ghana Business School.