Justice Justin Dorgu, the Court of Appeal judge with additional High Court duties, has come under intense scrutiny over his ruling on the divorce settlement case between business mogul Richard Nii Armah Quaye (RNAQ) and his ex-wife, Joana Coffie.
The commentary of the judge, in particular, has infuriated many, including Deputy Chief of Staff Nana Oye Bampoe Addo, who has described them as “unfortunate” and “troubling”.
The International Federation of Women Lawyers (FIDA) Ghana has now petitioned the Chief Justice, Paul Baffour Bonnie, calling for “proper education of judges on adjudication of matrimonial and gender-sensitive matters, including distribution of marital property.”
In the said petition, the women lawyers listed some of the commentary the judge made in his judgment and how unconstitutional and out of order they were.
Below is a breakdown of the remarks of Justice Dorgu that the women lawyers association took issue with.
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Richard Quaye’s ex-wife is still attractive and can remarry:
FIDA were not so enthused about the judge saying that Joana Coffie was still an attractive woman and could remarry and relied on that assertion for his judgment.
“... we express complete disapproval of passages in the judgment which introduced considerations unrelated to the legal issues for determination. In particular, the reference to the Petitioner as ‘physically… attractive’ and ‘capable of remarrying anytime she felt like,’ in the context of deciding financial relief to be granted to her is, with respect, offensive and deeply troubling.
"Such commentary has no place in legal analysis. Instead, it suggests that a woman’s entitlement to justice may be weighed against stereotypes about her appearance, desirability, or remarriage prospects. That implication is incompatible with the dignity of litigants and with the objectivity expected of judicial determinations,” parts of the petition read.
Marriage is not an investment:
The women lawyers were also not so happy about the judge's claim that marriage was not an investment for people to earn a profit from.
“We are equally alarmed by the Judge’s assertion that ‘marriage is not an investment’ and the characterisation of the Petitioner’s financial claim as ‘ridiculous’. A court is, of course, entitled to reject or reduce claims not supported by law or evidence. However, the language used in doing so should remain measured, relevant, and restrained.
“More importantly, any approach to financial relief on divorce must take proper account of the reality that women’s contributions to marriage are often not only direct and monetary, but also indirect, domestic, emotional, managerial, and developmental. To dismiss or diminish this reality risks sending a message that the invisible labour of women has little legal value,” the women said.
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"Meagre" settlement to discourage divorce:
The female lawyers also expressed their displeasure with the judge's justification for giving the ex-wife of the business mogul a lump sum of GH¢300,000, instead of GH¢50,000 she sought from the court.
They could not comprehend the judge saying that he was giving that settlement to discourage divorce in the country.
“We are particularly troubled by the statement that financial relief should operate ‘as a way of dissuading these frequent divorces.’ With respect, courts do not exist to deter people from seeking lawful relief when a marriage has broken down beyond reconciliation. The judicial task is to apply the law fairly to the facts before it, not to regulate marital decisions through discouraging language or deterrent reasoning.
“Once such reasoning enters a judgment, it creates the impression that family law remedies are being shaped by the moral standards of the judge rather than established legal principles. Be that as it may, it is pertinent to state that Justice Dorgu’s rationale for the decision he made – ‘to dissuade frequent divorces’ – rather has the tendency to discourage persons from contracting marriage as years of labour, affection and dedication to a spouse may be flushed down the drain by the stroke of judicial power,” they said.
GH¢5,000 monthly allowance for 3 children :
FIDA also expressed their displeasure over the judge's order for Richard Quaye to give his ex-wife only GH¢5,000 every month to take care of their children despite his vast wealth.
“The difficulty does not end with the language of deterrence. It becomes even more pronounced when the judgment is read as a whole. The judgment itself refers to the Respondent’s earning capacity and ‘numerous companies,’ yet orders GH¢5,000.00 monthly maintenance for three minor children while also employing language that appears to devalue the Petitioner’s position and contributions. We are careful not to invite Your Lordship to sit on appeal over the merits of the orders.
“However, we respectfully submit that the reasoning surrounding those orders matters greatly, because it shapes both public confidence and the future climate in which women seek justice,” part of the petition read.
BAI
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