Women Lawyers Petition Chief Justice Over Family Court Gender Bias

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Fida Ghana
Fida Ghana

The International Federation of Women Lawyers, Ghana (FIDA Ghana), has formally petitioned Chief Justice Paul Baffoe-Bonnie, calling on the Judiciary to introduce structured training programmes for judges and magistrates handling matrimonial and gender-sensitive cases, following the controversy surrounding a High Court divorce ruling that drew widespread public criticism.

The petition, received by the Office of the Chief Justice, was triggered by the January 20, 2026 ruling in the case of Mrs. Joana Quaye v. Richard Nii Armah Quaye (Suit No. DM/0569/2021), delivered by Justice Justin Kofi Dorgu. FIDA Ghana said it is not challenging the court’s authority but is raising specific concerns about the reasoning and language used, particularly remarks that assessed the petitioner’s physical appearance and remarriage prospects as considerations relevant to the determination of financial relief.

The organisation argued that such remarks have no place in legal adjudication and risk reinforcing gender stereotypes in judicial reasoning. It also criticised what it described as reasoning that framed financial awards in divorce as a deterrent to marital breakdown, arguing that this shifts the role of the court from legal adjudication into moral regulation.

FIDA Ghana grounded its petition in Article 22 of the 1992 Constitution, which guarantees equitable access to property jointly acquired during marriage and mandates fair distribution upon dissolution. The organisation also cited the Supreme Court’s December 2025 decision in Amma Owusu Sarpong v. Kojo Owusu Sarpong (J4/77/2023), which reaffirmed that both direct and indirect contributions to marital property, including domestic, emotional, and managerial roles, must be considered in determining equitable distribution.

Under Article 129(3) of the Constitution, lower courts are bound by Supreme Court decisions on questions of law. FIDA Ghana said the High Court was constitutionally obligated to apply that interpretive framework and argued that apparent departures from it point to a gap in judicial education that the Chief Justice should address administratively.

The petition calls for training covering constitutional principles on spousal property rights, proper evaluation of non-financial contributions, gender-sensitive judicial reasoning, judicial restraint in language, and consistent application of Supreme Court precedents in family law.

FIDA Ghana also drew attention to the Judicial Service Code of Conduct, which requires judges to avoid bias or the appearance of bias on the basis of sex, marital status, or socio-economic background. It warned that language used in family court judgments shapes public understanding of fairness in the justice system well beyond the individual parties involved.

The organisation said it has received numerous inquiries from women across the country seeking clarity on the implications of the ruling for their own matrimonial property claims, reflecting what it described as genuine public anxiety rather than mere curiosity.

Joana Quaye filed an appeal on April 1, 2026 at the Court of Appeal, represented by former Attorney-General Godfred Yeboah Dame, seeking to set aside the January judgment in its entirety. FIDA Ghana said it is watching the appeal with institutional interest, noting that the legal questions it raises bear directly on public confidence in family courts, gender equality, and the future development of matrimonial law in Ghana.

The petition is before the Office of the Chief Justice and is expected to inform discussions on administrative and educational reforms within the Judiciary.

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