Marital property law based on equity, not gender-Supreme Court nominee

Justice Hafisata Amaleboba, a nominee to Ghana’s Supreme Court, has clarified that the country’s legal framework governing the distribution of marital property is grounded in fairness, not gender bias.

During her vetting by Parliament’s Appointments Committee on Wednesday, she addressed widespread public perceptions that Ghana’s family law disproportionately favours women in divorce settlements. She firmly refuted such claims, emphasising that the law treats both men and women equally.

“The law is not gender-based, even if it may appear that way in some cases,” she noted. “Distribution of property in marriage is guided by equity—not whether one is male or female.”

Referencing Article 22 of the 1992 Constitution, Justice Amaleboba explained that property acquired during the course of a marriage is to be shared equitably, without regard to the sex of the spouses. She underscored that the focus is on fairness and contribution, not identity.

To illustrate the point, she shared a real-life case she adjudicated, where a man with no property was awarded part of his wife's assets during divorce proceedings—demonstrating that the law can work in either direction.

Justice Amaleboba is one of seven nominees to the apex court, and the second woman among them. Her nomination was put forward by President John Mahama. She previously served on the Court of Appeal, where she was appointed in 2022 under President Nana Addo Dankwa Akufo-Addo.

Her judicial career spans several key roles, including sitting as a High Court judge in notable cases such as the trial involving the late Dr. Mac-Palm in the alleged coup plot. She is recognised for her expertise in family law, land disputes, and alternative dispute resolution.