Deputy Chief of Staff Nana Oye Bampoe Addo has raised concerns over aspects of the divorce ruling involving businessman Richard Nii Armah Quaye and his ex-wife, Joana Coffie, questioning whether certain remarks made by the presiding judge were appropriate to the legal issues at stake.
Speaking at the first Biennial Conference held at the Ghana School of Law, she criticised portions of the judgement delivered by Justice Kofi Dorgu, describing them as part of a broader pattern in which judges, particularly in divorce cases, include commentary that may undermine the dignity of litigants, especially women.
At the centre of her concern is the language used in the ruling, which, in her view, goes beyond legal reasoning and ventures into personal commentary.
She argued that such remarks can shift focus away from the core responsibility of the court, which is to fairly interpret the law and resolve disputes based on evidence.
According to her, the judgment reflects “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.”
To break this down in simpler terms, obiter dicta refers to comments made by a judge that are not essential to the final decision of the case.
While they may offer insight into the judge’s thinking, they are not legally binding and are not necessary for resolving the dispute.
Nana Oye Bampoe Addo argues that such comments, when they become personal or subjective, risk being inappropriate and distracting.
She pointed specifically to a section of the ruling addressing alimony, the financial support one spouse may be required to pay the other after divorce.
In the judgement, the claim for alimony was described as “ridiculous,” with the suggestion that such payments belong to “another era.”
She further pointed out a controversial remark in which the court stated that the petitioner was “very much attractive and capable of remarrying any time she felt like.”
“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 judgement 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.
She also took issue with the judge’s description of a witness in the case as a “mole witness,” a term she found inappropriate in a formal legal setting.
“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.
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Background to the case
In the ruling, Justice Dorgu divided the couple’s marital assets between the two parties. Joana Coffie was awarded GH¢300,000 in financial relief, significantly lower than the GH¢50 million she had requested.
She was also granted one-third of the matrimonial home located in Dansoman. This portion includes three bedrooms and shared access to facilities such as the kitchen, sitting room, and store. Additionally, two vehicles were allocated to her.
The remaining two-thirds of the property, along with other contested assets, were awarded to Richard Nii Armah Quaye.
In explaining the financial award, the court indicated that the amount was partly intended to discourage what it described as “frequent divorces with the expectation of reaping huge monetary benefits.”
Justice Dorgu further stated, “…here is Petitioner who has been settled with 1/3 of the matrimonial home, the educational and health needs of the children placed on the Respondent, and her mobility issues are also taken care of. Physically, she is very much attractive and capable of remarrying anytime she felt like.”
Watch a video of her remarks below:
