Justice William Atuguba is a former Supreme Court Justice
A former Justice of the Supreme Court of Ghana, William Atuguba, delivered an address at a public lecture organised by Solidare Ghana and the Department of Political Science of the University of Ghana on Tuesday, October 24, 2023.
Read full articleIn the address, the senior legal luminary spoke about a number of issues from the judiciary, to political office holders, to elections and the Electoral Commission, among many others.
Justice William Atuguba also used the occasion to commend some people who have been advancing the tenets of democracy in the country.
Below, GhanaWeb brings to you some of the major highlights of the address by the former Supreme Court justice, many of which have been teased out of stories earlier published on the website.
1. Vilifying Akufo-Addo’s father unfair
In the address, Justice William Atuguba called on the public to refrain from casting aspersions on President Nana Addo Dankwa Akufo-Addo's father, who he described as an astute and honourable lawyer and statesman.
Justice Atuguba emphasized that Edward Akufo-Addo, a former Chief Justice and President of Ghana, was an outstanding lawyer of great distinction by all measures.
He noted that Akufo-Addo had consistently upheld the law and opposed tyranny throughout his career, and therefore, there was no justifiable reason for Ghanaians to direct their frustration towards him.
"You find on social media people trying to turn their anger on Edward Akufo-Addo, but what is the joy of turning your anger on the president’s father? Let us be fair in all matters and at all times."
2. Appointment of judges must be based on merit, not on cronyism, ethnicity
Justice Atuguba also spoke about the importance of the Judiciary and the need for it to be shielded from political pressures.
He also indicated that the appointment of judges should be based on merit, and not cronyism.
“The current public image of the Judiciary in Ghana is reflected on Social Media. In view of all this what matters most is the realistic auditing and restructuring of the Judiciary and indeed all other governmental institutions because just as the cyanide of illegal mining galamsey has devastated our forest lands and poisoned our water bodies so also has the cyanide of Political Corruption poisoned our Governance Institutions.
“Appointments to the Judiciary or any other governance institution must be made by thoroughly independent bodies based on nothing but merit and not on things like protocol, cronyism, ethnicity, or other improper considerations.
“The governance institutions particularly the Judiciary must be realistically insulated against presidential and other political pressures. Service conditions must be reasonably attractive and security of tenure of office must be enshrined. The Executive Powers of the President and his functionaries must be drastically curtailed. There must be a real separation of parliament from the Executive branch. The emphasis should be on good and sincere governance in the interest of the people and not on hollow over exaggerated notions of electoral conferment of power on anybody or a group of persons,” he said.
3. Barker-Vormawor and co praised
While speaking about nationalism and advocacy, Justice Atuguba singled out youth leader, Oliver Barker-Vormawor, and other advocates and heaped praises on them.
“No meaningful political reforms can be reasonably expected even under a regime change without sustaining the political renaissance which has started and is growing well in Ghana.
“That’s why I agree to come, because I lost hope but when I see these young people, some are what, Vormawor, I have never seen him,” he said.
He added, “It is for this reason that I would like to acknowledge, encourage, and congratulate nationalists like Kwasi Pratt, Dr. Arthur Kennedy of the USA, Dr. Gyampoh of the University of Ghana, Prof. Bokpin of the University of Ghana, Prof Agyeman -Duah of the Centre for Democratic Development (CDD), recently Dr. Asare-Baah rtd, formerly of the Political Science Department, KNUST., Kwame Pianim, Dr. Nyaho-Nyaho Tamakloe, Kelvin Taylor of the USA (though he should desist from insults), Emmanuel Wilson Jnr. The Chief Crusader Against Corruption in Ghana. I don’t know most of these people I have mentioned personally but I have followed their works on social media, and I am impressed, however, I hope that they will remain nationalistic no matter the regime in power.
“I also wish to acknowledge some of the many Civil Society Organisations such as Ghana Centre for Democratic Development, Ghana Integrity Initiative, Citizen Ghana Movement, Africa Centre for Energy Policy, Parliamentary Network Africa, Penplusbytes, Media Foundation for West Africa, Send Ghana, One Ghana Movement, Centre for Democratic Development, Democracy Hub, Occupy Ghana, and Institute for Democratic Governance. I regret I cannot recall all of them but nonetheless, none of them should feel excluded.”
4. Judgment of Gyakye Quayson case scandalous:
Justice William Atuguba also commented on the James Gyakye Quayson case currently before the apex court.
Slamming the court of the land over its judgement in the trial of the Member of Parliament for Assin North, the retired judge described the ruling of the court as scandalous.
He explained that the court should not have heard the case in the first place because it was adjudicated by the High Court and the decision to do so goes against the basic principle of law.
He added that the Supreme Court should have executed the High Court’s decision and not started a fresh trial.
“The decision of the Gyakye Quayson case was scandalous. The Supreme Court re-adjudicated the matter already decided by the High Court,” he said.
5. Supreme Court erred in Gyakye Quayson case
He further stated that the Supreme Court erred with its decision to declare Quayson's election victory null and void when the MP had clearly renounced his Canadian citizenship in November 2020, and when the election was in December 2020.
“The Supreme Court does not stand in good light despite the clear renunciation in November 2020 whereas the election was in December, I am not able to see substantial justice in this,” he said.
He indicated that it does not make sense for the court to say Quayson owed allegiance to Canada when it had also cited his renunciation certificate issued in 2019.
Supreme Court acted in bad faith in the Daniel Yao Domelevo case
Justice William Atuguba also said that the apex court’s decision in the matter of the former Auditor-General, Daniel Yao Domelevo, was in bad faith.
The Centre for Democratic Development (CDD) won a case it took to the Supreme Court seeking its interpretation on the directive by President Nana Addo Dankwa Akufo-Addo to ask the former A-G to proceed on accumulated leave, pending his retirement.
The Supreme Court declared in its ruling of May 31, 2023, that the president’s directive for the former A-G, Daniel Yao Domelevo, to proceed on leave was unconstitutional.
He stressed that the judgment was done in bad faith.
"The Supreme Court acted in bad faith in the Daniel Yaw Domelevo Case [brought by CDD and others] and the Covid-19 case [Brought by Democracy Hub (FixTheCountry)]," he said.
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