The determination of assets accumulated during matrimony continues to rest on personal contribution and fair distribution, according to Supreme Court nominee Justice Edward Amoako Asante.
Taking his turn before Parliament’s Appointments Committee on Thursday, August 27, 2026, the respected jurist highlighted that whilst the 1992 Constitution mandates the legislature to enact specific regulations governing spousal property ownership, the august House has neglected this duty, compelling the apex court to step in through judicial intervention.
“So the courts relied on contribution, substantial contribution and all that. Until recently parliament was given the authority by the constitution to make laws on property. Unfortunately parliament reneged sadly to say. And the Supreme Court in this activism, judicial activism took it up in the cases of Mensah v Mensah and subsequent to that have come and have ruled on equitable basis,” he stated.
Clarifying the contemporary legal framework, Justice Asante noted that the existing position safeguards individual ownership while acknowledging joint assets according to each party’s input.
“And then for currently that’s what we are applying. So each one can own his or her own property and can also own joint property that should be contribution and all that so it’s equitable,” he explained.
“So property acquired in the course of marriage is still based on contribution and equitable share of the property,” Justice Asante added.
Justice Asante, who currently serves as a Court of Appeal Judge and previously headed the ECOWAS Court of Justice as President, forms part of a trio of distinguished legal figures nominated to the highest court of the land by President John Dramani Mahama.
His fellow nominees seeking elevation to the Supreme Court bench are Justice Sophia Rosetta Bernasko-Essah and seasoned private legal practitioner Anthony Forson Jnr.
By: Rainbowradioonline.com/Ghana