Bernard Allotey Jacobs, a former NDC Central Regional Chairman, has slammed retired Supreme Court Judge, William Atuguba, for wading into what he terms "controversies" regarding his comment on the court's judgement in a case involving the Assin North lawmaker, James Gyakye Quayson.
Justice William Atuguba, speaking at a public lecture on Tuesday, October 24, 2023, described the court's verdict as "scandalous".
"The James Gyakye Quayson's decision by the Supreme Court is with all due respect scandalous in that the court, in the teeth of the settled maxim Res Judicata et non quieta movere, re adjudicated the same matter that has been adjudicated upon by the High court on the merits."
"The Supreme Court does not stand in good light with all due respect in disqualifying Gyakye Quayson, despite his clear certificate of renunciation of his Canadian citizenship as from 26th November 2020 whereas the elections were on December 7. I am not able to see substantial justice in this", he said.
He added; "If the certificate of renounciation is so mandatory and conclusive why was it not conclusive in its effect to qualify Gyakye Quason when he received it, dated 26th November 2020, whereas the parliamentary election was held on 7th December 2020? Statutes, judgements, and documents must always be applied with consistency both in the letter and spirit. These must always be construed holistically and as instruments of justice since it is a well-settled principle that the duty of a court is to do justice and a court should not be turned away from doing justice."
Reacting to these comments, Allotey Jacobs found it difficult understanding why a man of high reputation and someone who has gained popularity as a "no-nonsense man" in the law fraternity would make such statements.
He wondered if Justice Atuguba seeks to become a Running Mate on the ticket of the opposition National Democratic Congress, hence making such statements to gain their favor.
"Does he want to be a Running Mate to the leading opposition flagbearer?", he questioned while touching on the matter during Peace FM's morning show "Kokrokoo".
Source: Ameyaw Adu Gyamfi/Peacefmonline.com/Ghana
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Very unfortunate to hear this man speak on court issues again considering how he messed election verdict then. If he cares to know, most literate Ghanaians see him as one who does not interpret the real law as it is but to his own whims and caprices. He should have used the retirement period to shape his image instead of that muddy talk at Legon. It will be better, he join the Law adult education because his mind can remember what Ghana law school taught him.
,@ Edem kudzo, I am appealing to people like you to stop lending your brain and blood to political parties. Ghana is far from the point where we can afford to engage in such loose acts for "pleasure". Are you happy at how Nana Addo, whom we all trusted to be the person to change the status quo, has instead mismanaged this country?. Everything that was bad before he took over has become worse, yet only little good has been done. Why should anyone swear to defend such a government at all cost? That is not to admit that the alternative is ideally better or that Atuguba is right in his assertions. But we must accept where we are now, and objectively look our for the best ways we can navigate out of this mess. What makes it so scary is the fact that all sensitive public institutions have been so helplessly weakened and politicised by Akufo Addo.
This Atuguba is beacoming dangrous to the society with his uttrances...we know he's NDC,fine but to attack the very institution that made you who you are today to please your political ideology is unpardonable...NDC is a serious threat to our democracy...when he Atuguba presided over 2012 elections petition we all saw what he did...yet the NPP never attacked him,neither the judiciary...he knows all these when he was in the service,he didn't say,until he retired,what a dangerous being...i think is pained and so bitter that he couldn't become CJ.It's a shame to him!
How can this person be a social commentator. He seems not to see anything wrong with a government whose negligence has caused a whole community to flood, take E-levy, take Ghana to IMF, DDEP, mortgage all our natural resources and all financial instruments but neutral personalities and the opposition. The only time you see him condemning the NPP is even in disagreement with the few level-headed and honest personalities within the NPP who speak against the rot in the Akuffo-Bawumia government. No wonder a president referred to us as a shithole country
This so called legal luminaries continue to confuse we laymen. As at the time Gyakye Quayson was filing his nomination forms he was asked a question " do you owe allegiance to any country other than Ghana "? To which he said NO. That was before 26 November, 2020 before he received his certificate of renunciation. How will Atuguba explain this from the legal point of view? It is a must that once you apply for a certificate of renunciation you country to which you owe allegiance must necessarily accept your application for renunciation based on which Gyakye Quayson was sure of getting his renunciation certificate thus his going ahead to fill forms to contest an election even before he got hold of the certificate?