FIDA Ghana petitions Chief Justice over RNAQ and wife divorce judgment, urges Judicial training
FIDA Ghana took particular issue with passages in the judgment that, according to the petition, referred to the petitioner as physically attractive and capable of remarrying at any time
The International Federation of Women Lawyers(FIDA Ghana), has petitioned the Chief Justice over a recent High Court judgment in the divorce case of Mrs. Joana Quaye v. Richard Nii Armah Quaye, describing aspects of the ruling as troubling, offensive, and inconsistent with Ghana’s constitutional and judicial standards on matrimonial disputes.
In the petition, addressed to Justice Paul Baffoe-Bonnie, FIDA Ghana said its concern is not an attempt to challenge judicial independence or relitigate the merits of the case, but rather to raise red flags over the reasoning and language used in the January 20, 2026 judgment delivered by Justice Justin Dorgu, sitting as an additional High Court judge.
The organisation said the ruling risks diminishing the dignity of women before the courts and could undermine public confidence in the fairness and neutrality of family law adjudication.
FIDA Ghana took particular issue with passages in the judgment that, according to the petition, referred to the petitioner as physically attractive and capable of remarrying at any time.
The group argued that such remarks were irrelevant to the legal issues before the court and created the impression that a woman’s entitlement to justice could be influenced by stereotypes about appearance, desirability, or remarriage prospects. It said commentary of that nature has no place in judicial analysis and is incompatible with the dignity owed to litigants.
The organisation also criticised the judge’s reported statement that “marriage is not an investment” and his description of the petitioner’s financial claim as “ridiculous.” While acknowledging that a court may reject claims not supported by law or evidence, FIDA Ghana maintained that the language of rejection must remain measured and relevant.
It argued that in divorce matters, the law must account for not only direct financial contributions, but also indirect, domestic, emotional, managerial, and developmental contributions often made within marriage.
Another major point of concern for the group was the judge’s reported view that financial relief should serve “as a way of dissuading these frequent divorces.” FIDA Ghana said courts are not established to deter people from seeking lawful relief when marriages break down, but to apply the law fairly to the facts before them. The petition argued that such reasoning suggests family law remedies may be shaped by personal moral standards rather than settled legal principles.
FIDA Ghana further contended that the ruling appeared to depart from Ghana’s constitutional framework on spousal property distribution. The petition cited Article 22 of the 1992 Constitution and referenced the Supreme Court’s decision in Amma Owusu Sarpong v. Kojo Owusu Sarpong, delivered on December 17, 2025, which it said reaffirmed that both direct and indirect contributions, including non-financial roles, must be examined in determining equitable distribution of marital property. The organisation argued that, as a court of first instance, the High Court was bound under Article 129(3) to follow Supreme Court decisions on questions of law.
According to the petition, the implications of the judgment extend beyond the parties in the case. FIDA Ghana said judicial language in family law matters shapes public perceptions of marriage, separation, property rights, and the worth of women. It warned that remarks appearing to assess a woman through the lens of her appearance or remarriage prospects could discourage others from turning to the courts for justice.
The group said those wider implications are already visible in public reaction. It reported that the judgment has generated significant debate across mainstream and social media, professional settings, markets, boardrooms, and other public spaces. FIDA Ghana said it has received numerous expressions of concern from women and members of the public seeking clarification on the meaning and effect of the ruling.
The petition also linked its concerns to broader standards of judicial conduct. It said the Judicial Service Code of Conduct requires judges to perform their duties without bias or prejudice and cautions against manifestations of bias based on factors including sex, marital status, and socio-economic status. FIDA Ghana argued that these principles are especially critical in family law disputes, where social stereotypes can distort legal reasoning if not carefully managed.
While stressing that it does not seek to interfere with any pending appeal, FIDA Ghana urged the Chief Justice to consider administrative and educational measures to strengthen gender-sensitive adjudication in matrimonial matters. It called for judicial commentary in such cases to remain tightly aligned with the issues for determination, Supreme Court jurisprudence, and the constitutional values of dignity, fairness, equality, and restraint.
FIDA Ghana said its intervention is intended to support, not weaken, the judiciary, describing the effort as part of a broader national imperative to build a justice system that is independent, humane, inclusive, and responsive to the lived realities of women and children.
