By Grace Zigah
A new legal twist has emerged in the ongoing dispute over the burial of Ghanaian highlife legend Charles Kwadwo Fosuh, popularly known as Daddy Lumba, as his widow, Akosua Serwah Fosuh, has written to the Kumasi High Court claiming her late husband was not a Ghanaian at the time of his death.In a formal letter addressed to Her Ladyship Justice Dorinda Smith Arthur and channeled through her lawyer, William Kusi, , Akosua Serwaah asserts that her husband had renounced his Ghanaian citizenship in 2002 after acquiring German nationality.
The letter, titled “Legal Clarification Regarding the Citizenship Status of the Late Charles Kwadwo Fosuh (Daddy Lumba) and the Corresponding Rights of the Widow,” seeks judicial recognition of her rights as the lawful spouse under German law to have full custody of the musician’s remains and control over funeral arrangements.
However, her move has sparked serious legal controversy, with many experts describing it as procedurally improper, ethically questionable, and legally irrelevant to the issues before the Ghanaian court.
Widow’s Claims
According to Mrs. Fosuh, both she and her late husband became German citizens more than two decades ago.
She claimed that in the year 2000, Daddy Lumba applied for and was granted German citizenship. Following this, he formally renounced his Ghanaian citizenship under Section 9 of the Ghana Nationality Act, 1971 (Act 361) through the Ghanaian Embassy in Bonn, Germany.
She attached documents she said prove the renunciation — including a letter of declaration filed under File No. SCR/TA14/184/01AG, receipts of payment of 200 Deutsche Marks, and a Certificate of Renunciation of Ghanaian Citizenship No. 699, issued in 2002 by Ghana’s diplomatic mission in Bonn.
The widow further alleged that after renouncing his Ghanaian citizenship, her husband surrendered his Ghanaian passport (No. A520586, issued July 8, 1996) and traveled exclusively on a German passport until his death in July 2025.
She therefore argued that it would be contradictory for Ghana to recognize her husband as a German national while alive, but treat him as Ghanaian only in death — particularly regarding burial rights, which she says fall under German civil law and not Ghanaian customary law.
German Law vs Ghanaian Customary Law
Citing German legal provisions, Akosua Fosuh maintained that under German civil law, the spouse and legitimate children of a deceased person hold exclusive rights to determine funeral arrangements and burial.
She contended that Ghana’s extended family system — represented in this case by the Ekona Abusua and its head, Agya Kofi Owusu — has no legal standing in determining the fate of her husband’s remains.
She therefore urged the court to “take judicial notice” of the renunciation documents and to recognize her as the sole legal authority over her husband’s remains, invoking both international comity and private international law principles.
Court Dismisses Injunction On Funeral
The letter comes shortly after the Kumasi High Court dismissed an injunction application filed by Mrs. Fosuh, which sought to halt funeral preparations pending the resolution of her marital and citizenship claims.
Justice Dorinda Smith Arthur, who presided over the case, ruled that the application lacked merit and that customary burial rights cannot be restrained through such an injunction.
The ruling effectively cleared the path for the family, led by Abusua Panin Agya Kofi Owusu, to proceed with funeral plans scheduled for December 6, 2025, at the Baba Yara Sports Stadium in Kumasi.
Following the decision, the family head described the ruling as a “victory for unity and tradition,” vowing to honor the late musician according to Asante customs.
German Embassy Confirms Marriage — But Not Burial Rights
Before the court ruling, the German Embassy in Accra had confirmed in a letter dated October 27, 2025, that Akosua Serwah was legally married to the late musician.
The Embassy’s Second Secretary and Consul, Ms. Susan Lüdtke, verified that the marriage took place in Bornheim, Germany, on December 23, 2004, and was registered under Entry No. E142/2004.
The Embassy clarified that the marriage had not been dissolved and only ended upon Mr. Fosuh’s death on July 26, 2025, confirming her as his lawful widow.
However, the Embassy’s confirmation did not extend to issues of burial rights or inheritance, which remain governed by local law.
Legal Experts Condemnation
Several legal commentators have since questioned the legality and propriety of Alkosua Fosuh’s letter to the court. According to them, writing directly to a sitting judge constitutes an ex parte communication — a serious procedural breach that could amount to contempt of court.
The experts also dismissed the argument that citizenship affects one’s ethnic or customary identity, noting that customary law remains part of the laws of Ghana and cannot be displaced by foreign citizenship.
Customary Rights
The case has exposed deep fissures within the late musician’s family. While the Ekona Abusua insists on performing traditional rites, the widow claims she has been excluded from funeral arrangements.
Reports indicate that the family also disputes over property ownership, including estates in Bornheim (Germany), Tantra Hill, Dome, North Legon, and Adoato, Kumasi.
Mrs. Fosuh maintains that these were jointly acquired and should remain within the nuclear family, but the abusua insists that Akan inheritance customs grant portions to the extended family.
Adding to the controversy, Lumba’s sister, Ernestina Fosu, has called for an independent probe into the musician’s death, alleging inconsistencies in reports and accusing some relatives of exploiting the tragedy for material gain.
What Lies Ahead
Although the court’s decision has cleared the way for the funeral, the larger legal and cultural battle over Daddy Lumba’s legacy remains unresolved.
The conflict has evolved from a private family matter into a public debate on citizenship, customary law, and spousal rights across jurisdictions.
