Supreme Court nominee, Justice Hafisata Amaleboba, has firmly asserted that Ghana’s family law, particularly about the distribution of marital property, is not based on gender but on principles of equity, as enshrined in the 1992 Constitution.
Appearing before Parliament’s Appointments Committee for vetting on Wednesday, Justice Amaleboba addressed concerns and public perceptions surrounding the perceived bias in the division of marital assets, particularly claims that the law tends to favour women.
“When it comes to family law, the principles are applicable equally to men as it does to women,” she stated.
“Because when it comes to distribution of marital property, it is not based on gender, even though it may seem so. It may seem so, but the law is not based on gender,” she continued.
Citing Article 22 of the Constitution, Justice Amaleboba explained that the law provides for the equitable distribution of property acquired during marriage, without any reference to the sex of the parties involved.
“Article 22 says that assets acquired during marriage are to be distributed equitably. Irrespective of the gender, that is what the provision is. It is not in any way discriminatory of any gender,” she added.
She gave an example of a divorce case she handled where the man had no property but the woman did, and she ended up allocating some of the woman’s property to the man.
Justice Amaleboba is the second woman among the seven judges nominated by President John Mahama to be considered for the Supreme Court.
She was among the 15 justices appointed to the Court of Appeal in 2022 by former President Nana Addo Dankwa Akufo-Addo.
Before her tenure on the Court of Appeal, Justice Amaleboba served as a High Court judge, where she was involved in several high-profile cases, including serving on the three-member panel presiding over the famous alleged coup plot involving the late Dr Mac-Palm.
Her areas of expertise include family law, land law, and alternative dispute resolution.
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