Women lawyers fight for divorced wife, petitions Chief Justice over RNAQ 'offensive' judgement

The Federation of Women Lawyers Ghana has formally petitioned the Office of the Chief Justice over concerns arising from a recent divorce ruling involving Joana Quaye and her former husband, businessman Richard Nii Armah Quaye.

The group is urging the judiciary to introduce targeted training programmes for judges and magistrates handling matrimonial and gender-related cases, to ensure rulings reflect fairness and uphold the dignity of women.

The petition, signed by FIDA-Ghana President, Gloria Ofori-Boadu, takes issue with aspects of the judgment delivered by Justice Justin Kofi Dorgu, particularly the language and reasoning employed, which the group describes as inappropriate and troubling.

FIDA-Ghana clarified that its concerns do not challenge the authority or independence of the courts, but rather focus on how certain expressions used in the judgment could undermine confidence in the fairness and sensitivity of judicial decisions in family law.

“Rather, 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,” part of the petition stated.

The organisation stressed that family courts often serve as a last resort for women navigating broken marriages, child welfare issues, and unequal access to resources, making the tone and reasoning of judicial decisions especially significant.

“In such circumstances, the language and reasoning of the court matter deeply. It is not enough that justice be done. The reasoning by which justice is expressed must affirm the dignity, equality, and humanity of those who stand before the court,” the petition added.

FIDA-Ghana specifically criticised references made in the judgment describing Joana Quaye as “physically… attractive” and “capable of remarrying anytime she felt like,” arguing that such remarks are irrelevant and undermine the objectivity expected in legal analysis.

It maintained that such commentary risks suggesting that a woman’s entitlement to justice could be influenced by perceptions about her appearance or remarriage prospects, a notion the group described as incompatible with judicial standards.

The petition also raised concerns about the judge’s assertion that “marriage is not an investment” and the characterisation of the petitioner’s financial claims as “ridiculous,” noting that while courts may reject claims, the language used must remain measured and respectful.

FIDA-Ghana emphasised that contributions within marriage often extend beyond direct financial input, highlighting domestic, emotional, and managerial roles that should be recognised in determining financial relief.

The group further questioned the suggestion that financial awards in divorce cases should serve “as a way of dissuading these frequent divorces,” arguing that courts exist to administer justice, not to deter individuals from seeking lawful remedies.

Additionally, the petition expressed concern over what it described as inconsistencies in the ruling, particularly the consideration of Mr Quaye’s financial capacity alongside an order of GH¢5,000 monthly maintenance for three children, coupled with language perceived to diminish the petitioner’s position.

FIDA-Ghana also pointed to what it termed a deviation from established constitutional and legal principles governing spousal property distribution, including provisions under Article 22 of the Constitution and relevant Supreme Court rulings.

The organisation warned that judicial language has far-reaching implications beyond the courtroom, influencing public perception and potentially discouraging women from seeking justice.

“What is said in courtrooms does not remain in courtrooms. Women and children read these judgments. Lawyers cite them. Families discuss them. They become part of the social vocabulary through which marriage, separation, property, and worth are understood,” the petition noted.

It concluded by urging the Chief Justice to consider appropriate administrative and educational measures to promote gender-sensitive adjudication in matrimonial cases and reinforce public confidence in the justice system.