Dotse: Judge’s judge - A-G eulogises retired Justice at valedictory ceremony

Today seems surreal, one I never knew would be upon us.

This is because Justice Jones Dotse has for the past 15 years been a permanent feature in the life of this Court.

I begin with a passage from the decision of the Supreme Court in Jass Co Ltd & Another v. Apau & Another [2009] SCGLR 265 at 272 - 273, “Since this is a land transaction, exhibit B is of paramount importance because it is the site plan of the disputed land whilst exhibit A, with all its legal imperfections, is the land purchase receipt...

“The only exhibit that sought to create any certainty and linkage about the identity of the disputed land bought by the first plaintiff from the second plaintiff is exhibit B, the site plan tendered by first plaintiff as the document given it by the second plaintiff upon the purchase.

“However, this is the site plan, exhibit B, which was given to the second plaintiff to examine and after examination, he declared conclusively that it is not the document that he had given to the first plaintiff.

By that singular statement, the second plaintiff has dealt a devastating blow to the case of the first plaintiff which was already weak.

The result was that the case collapsed and cannot by any stretch of human ingenuity be redeemable...

“Learned counsel for the plaintiff submits that a survey plan should have been ordered to delineate the exact boundaries of the disputed land.

That might well be the case.

However, what document or documents would be used for such an exercise on behalf of the plaintiff?

“… In the absence of any descriptions on exhibit A, the purchase receipt, it would be a wild goose chase if a retrial were to be ordered; no useful purpose would be served.

And since the courts exist to make reasonable, useful and purposive decisions that would accord with common sense and sound principles of law, it stands to reason that the invitation to this court for a retrial should be rejected.”

These words, which proved to be protective of the property rights of two individual citizens of Ghana and would find its way into the books as a leading authority in land law, particularly on proof of title to land and identity of land in Ghanaian jurisprudence, were authored by the man we celebrate today, Justice Jones Victor Mawulorm Dotse on January 21, 2009.

Indeed, given that Justice Jones Dotse had been appointed to the Supreme Court only seven months before, on June 11, 2008, it is correct to suggest that this was either the first or one of the first opportunities he had to deliver a judgment for the entire highest court of our land, which was concurred by all the other distinguished members of the court including Sophia Akuffo JSC (as he then was), Dr Date Bah, Sophia Adinyira and Rose Owusu JJSC.

The boldness of spirit and the quest to do right in favour of all manner of persons and against the interests of companies, esteemed institutions and individuals in society would, 15 years down the line, illuminate the over 100 judgments to be delivered by the very distinguished Dotse JSC 15 years down the line and perhaps, justify his appointment unto our highest court by President J. A. Kufuor.

Career

In many ways, I daresay that Justice Dotse’s career has been a very fulfilling journey, as he leaves a strong legacy for the nation in our noble profession.

Coming from a very notable practice in the Volta Region of Ghana, where he was a recognised practitioner (and I note that he was counsel for the victorious plaintiff in Ahevi v. Akoto IV [1993-94] 1 SCGLR 512, a judgment by Acquah J (as he then was), he enjoyed a relatively rapid elevation to the Supreme Court, which was well deserved too.

Following his appointment to the High Court in 2002, he was elevated to the Court of Appeal in 2003 and appointed to the Supreme Court in 2008.

It is in the 15 years that Justice Dotse served on the Supreme Court that he would make his most lasting contribution to Ghana law, through many incisive judgments laced with fairness and practicality on a variety of subjects, ranging from constitutional law to property law.

He brought to the Court not only abundant wisdom, but also a passion for the truth and an enormous capacity to listen.

He clearly imbibed the admonition contained in a book by Graeme Williams QC, entitled A Short Book of Bad Judges wherein the learned author stated on page 1:

“Patience and gravity of hearing is an essential part of justice: an over-speaking judge is no well-tuned cymbal.” 

Judge’s judge

My lord, since my first encounter with you in 2004, when you were appointed a mediator in a matter I was handling at the Fast Track Division of the High Court, I observed that you had gravity and patience for all except the pompous and disrespectful.

Further to this, your extreme sense of humanity, kindness and compassion in the adjudication of cases qualifies you, in my respectful opinion, for the accolade “A Judge's Judge, a lawyer's Judge, and a litigant's Judge all rolled into one."

I am sure Justice Dotse would recall this.

I benefited from his strong sense of fairness when he gave the judgment of the Supreme Court in a case entitled Abena Ackah v. Agricultural Development Bank (2017-2018) 2 SCLRG 1.

The applicant/appellant/appellant, a maternal aunt of mine, then a staff of the Agricultural Development Bank, in July, 2011, had engaged in a telephone conversation with a friend in which she complained bitterly about a restructuring exercise and other management decisions of the respondent/respondent/respondent, a state-owned bank.

Unknown to her, the telephone conversation was recorded by the other party to the conversation who delivered same to the Managing Director of the bank.

My aunt’s employment was terminated promptly by the bank.

Perhaps buoyed by the fact that she had a nephew who was, in her estimation, a lawyer in a top law firm in Accra, she instructed me to file an action at the High Court, Accra.

This was dismissed.

An appeal against the decision was also dismissed by the Court of Appeal.

Feeling strongly about the merits of her case, I filed a further appeal to the Supreme Court.

You can imagine the weight of the family pressure on my shoulders, as I prosecuted her last appeal to the highest court of the land.

Our belief that both the judgments of the High Court and Court of Appeal were erroneous and unfair was confirmed when the Supreme Court in its decision, the lead judgment of which was authored by Dotse JSC, allowed the appeal and awarded damages in favour of my aunt.

The decision now remains a leading authority on the enforcement of the right to privacy in Ghana law.

Unfortunately, by the time the decision was delivered on December 19, 2017, after fully conducting the entire matter including the hearing at the Supreme Court, I had been appointed Deputy Attorney-General, and thus my good friend, Yaw Oppong, went to take the judgment and is recorded as counsel for the victorious applicant/respondent/respondent.

Leader

It is important to state that as a true leader, Justice Dotse had the confidence to stand alone, and the courage to make tough decisions.

So on a few remarkable occasions, he solely dissented and stood alone in important decisions of the Supreme Court, and he proceeded to advance very cogent reasons for so doing in his judgment.

A classic example was in Frabina Ltd vs. Shell Ghana Ltd [2011] 1 SCGLR 429, where he was the sole dissenting voice.

Perhaps, at these times, only the integrity of his actions mattered to him.

Really, it is not only Dotse JSC’s abilities as a judge that appeal to me.

Even more impressive are his courtesy, simplicity and common touch outside court.

I find him very down to earth and unpretentious in his dealings.

He is always humane in his resolution of matters.

At General Legal Council meetings, he became the voice of moderation, reason and mercy.

Little wonder that in the matter of the admission of the 499 law students into the Ghana School of Law, I found in him a formidable ally. 

Task

May I say that, without doubt, you brought to the task of judging unmatched gentlemanliness, grace, caution, commitment and erudition and a great deal of empathy for, and understanding of the frailties of the human condition.  

In a system that depends upon the integrity of its process as the basis for reaching right and just outcomes, and preserving the dignity of the litigant, you played an integral and outstanding part.

Of course, it would be neglectful not to note that Dotse JSC is a visionary.

He manifested it this morning with the proposals for a reform of civil and criminal procedures in Ghana.

I am happy to note that (just as a friend of mine would say, I am always a step ahead in the game), I have already presented a Criminal and Other Offences (Procedure) (Amendment) Bill for the consideration of the Judicial Council, which are proposals for the reform of jury system in criminal trials, reform of the process for the filing and hearing of interlocutory appeals in criminal trials and other aspects of the criminal procedure in Ghana generally.

It is expected that a passage of the law will go a long way to boost the efficiency of the criminal justice system in Ghana.

My lord Justice Dotse, I have no doubt that posterity will look kindly back on your enormous contribution to justice delivery.

Your virtues will not be cast into the shade.

We will remember them.

Retirement

As you hang up your robes, a new beginning awaits you. It is the time everyone calls “Retirement”… the time that is for all those hobbies and activities, you have not had time to do, all in the name of service to the nation.

When good judges retire they tend to be far from our sight, but not from our hearts.

In your case, I pray that much as we will keep you close to our hearts, you be not far from our sights.

Your wisdom and valued experience need to be tapped every now and then.

Thus, though your beloved Kpando will no doubt be a peaceful sanctuary to relive all the hobbies and activities you missed out on, you must be as near to Accra as possible, so that we can, from time to time, drink deep from the wells of your knowledge.

You are retiring from the Judicial Service, but your life in the law, I believe, will continue.

In the words of Charles Dickens, "we forge the chains we wear in life."

May you continue to be attached to the legal profession and the Judicial Service.

God bless you! God bless the Judicial Service! God bless Ghana!!!

The writer is the Attorney-General and
Minister of Justice