The Minister of Justice and Attorney General, Godfred Yeboah Dame, has observed that the career of retired Justice of the Supreme Court, Jones Victor Mawulorm Dotse, had been a very fulfilling journey, with a “strong legacy” in the country’s legal profession.
Speaking at the valedictory judgement of Justice Dotse on Tuesday, the A-G recalled that the retired justice came from a very notable practice in the Volta Region, where he was a recognised legal practitioner.
He added that Justice Dotse 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), after which 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,” he indicated.
The AG noted that it was in the 15 years that Justice Dotse served on the Supreme Court that he would make his most lasting contribution to Ghana law. He, therefore, praised him for the 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,” the AG indicated.
Legal gravity
The AG further observed that since encountering Justice Dotse in 2004, he brought to bear the gravity and patience of all cases that were handled at the Fast Track Division of the High Court.
“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,” the AG added.
The AG stressed 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,” the AG added.
A classic example, the AG stated, that was in Frabina Ltd vrs. Shell Ghana Ltd [2011] 1 SCGLR 429, where he was the sole dissenting voice, saying that “perhaps, at these times, only the integrity of his actions mattered to him”.
Unmatched prowess
He touted Justice Dotse as bringing 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,” he indicated.
The AG described Dotse JSC as a visionary, saying “he manifested it this morning with the proposals for a reform of civil and criminal procedures in Ghana”.
Mr Dame also revealed that he had already presented a Criminal and Other Offences (Procedure) (Amendment) Bill for the consideration of the Judicial Council.
These, he explained, 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 trails 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,” the AG added.