Managing Associate at Beyuo & Co., Iris Aggrey-Orleans, has provided legal clarification on widowhood rites and succession under Ghanaian customary and statutory law.
Speaking on JoyNews’ The Law on Sunday, December 7, Aggrey-Orleans explained that the court’s decision was consistent with Ghana’s legal framework, particularly regarding customary marriage and the performance of widowhood rites.
This follows a landmark ruling by the Kumasi High Court confirming that the late highlife icon Charles Kwadwo Fosuh, popularly known as Daddy Lumba, was legally married to two women at the time of his death.
Justice Dorinda Smith Arthur ruled on November 28 that both Akosua Serwaa Fosuh and Priscilla Ofori, popularly known as Odo Broni, were lawful wives of the late musician.
- READ ALSO: High court rules both women were lawfully married to late music icon Daddy Lumba [Full Judgment]
The court dismissed Akosua Serwaa’s suit seeking exclusive recognition as Daddy Lumba’s only legal spouse.
She had argued that because she married the musician under the Ordinance (Civil Marriage), she alone should be entitled to perform widowhood rites and be recognised as the sole widow.
However, the court found that both marriages, one customary and one under the Ordinance, were valid, a determination that has generated nationwide discussion about marriage systems, inheritance, and customary practice.
Addressing public concerns, Aggrey-Orleans emphasised that widowhood rites and succession must not be conflated.
“It is not difficult to perform because widowhood rites are custom, and our customary laws admit of having more than one wife. So, you can perform widowhood rites,” she explained.
- READ ALSO: Who Is Justice Dorinda Smith Arthur? The Judge behind the landmark Daddy Lumba spousal case
She added that the law clearly separates the performance of widowhood customs from the distribution of property.
“Let us not confuse this with succession. Succession has already been provided for under our intestate succession law, although I must say that it needs some reform honestly, it does need some reform. But succession has been provided for. Once you are a widow, you should be able to perform your widowhood rites,” she explained.
Aggrey-Orleans reiterated that the ruling aligns with Ghana’s plural legal system, where statutory and customary marriages operate side by side.
She noted that the judgement highlights the importance of understanding both marriage types, particularly for individuals who enter multiple unions without formally dissolving earlier ones.
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