Nana Oye Bampoe Addo, the Deputy Chief of Staff, has weighed in on the ongoing brouhaha surrounding the divorce ruling involving businessman Richard Nii Armah Quaye (RNAQ) and his ex-wife, Joana Coffie.
The Deputy Chief of Staff raised concerns with some aspects of the divorce ruling, asking whether certain remarks made by the presiding judge were appropriate to the legal issues at stake.
Nana Oye Bampoe criticised portions of the judgment delivered by Justice Kofi Dorgu, arguing that it has become a pattern with judges, particularly in divorce cases, to include commentary that may undermine the dignity of litigants, especially women.
Speaking at the first Biennial Conference held at the Ghana School of Law, Nana Oye Bampoe stated, “a worrying culture where a judge, in resolving matrimonial disputes, subjects parties, especially women, to derogatory and objectifying commentaries clothed in obiter dicta and what is often styled as judicial activism.”
In the judgment, the claim for alimony was described as “ridiculous,” with the suggestion that such payments belong to “another era.”
“I find aspects of the final orders profoundly troubling, especially from page six, paragraph two, line seven to page seven. In addressing a legitimate claim for alimony, the judgment described the claim as ridiculous, suggesting that alimony belonged to another era and further remarked that the petitioner, ‘very much attractive and capable of remarrying any time she felt like,’” she said.
“A witness was also described as a mole witness, unless I don’t understand what a mole refers to. These were not only unnecessary observations; they were unfortunate.
“They distract from the solemn duty of adjudication and risk reducing litigants, particularly women, to stereotypes, rather than right-bearing citizens before the court of law. The court must not only do justice; the court must speak justice,” she added.
Also, International Federation of Women Lawyers, Ghana (FIDA Ghana), has petitioned the offices of the Chief Justice over the divorce case of Richard Nii Armah Quaye (RNAQ) and ex-wife Joana Quaye.
The group expressed its displeasure with expressions of the judge’s expressions in the case and explained the implications of the decision on justice delivery and family relations in Ghana.
They condemned the comments of the judge in the RNAQ divorce case and petitioned the CJ for the training of judges in matrimonial and gender sensitive cases.
Parts of the FIDA Ghana petition read, “Our concern lies in aspects of the reasoning and language employed in the judgment which diminish the dignity of women before the courts and weaken public confidence in the fairness, neutrality and sensitivity of judicial reasoning in family law matters, in addition to being a complete departure from recognised principles governing distribution of marital property.
They further added, “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 her, is, with respect, offensive and deeply troubling. Such commentary has no place in the 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”.
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 more 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.
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 the pen wielding judicial power.
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”.
His comments follow, Joana, who is also co-founder, shareholder, and director of Quick Credit Microfinance Company Limited, now Bills, was seeking GH¢50 million and other reliefs as part of the divorce settlement.
The High Court granted Mrs Joana Quaye only GHC300,000 out of the well-known vast fortune she built with the rich businessman.
She was married to Richard Nii Armah-Quaye for sixteen (16) years and has three (3) children with him.
Watch the video below:
@datnews_ LIVE | Hon. Nana Oye Bampoe Addo, Deputy Chief of Staff, stated in her address at the First Biennial Conference at the Ghana School of Law that she finds some aspects of the divorce case judgment involving Richard Nii Armah Quaye and Joana Quaye troubling. — #dailyafricatoday #datnews ♬ original sound – DAT News