By Grace Zigah
A Kumasi High Court presided over by Justice Dorinda Smith Arthur has delivered one of the most closely watched judgments in recent Ghanaian legal history — a case that tested the interplay between foreign law, customary marriage, the complexities of celebrity relationships, and the battle over who has the legitimate right to perform widowhood rites for the late music legend, Charles Kwadwo Fosu, popularly known as Daddy Lumba.
The case, which gained national and international attention, was filed on October 2, 2025, by Akosua Serwaah Fosuh, who claimed she was the only surviving spouse of the late musician.
She insisted that as his legally recognized wife — both under German civil law and Ghanaian customary law — she alone was entitled to perform widowhood rites following Lumba’s death on July 26, 2025.
However, the deceased’s family — led by Abusua Panin Kofi Owusu (1st Defendant) — and a second woman, Priscilla Ofori (2nd Defendant), mounted a fierce challenge. Priscilla, popularly known as Odo Broni, argued she was Lumba’s customary wife of over 15 years and the mother of six of his children — the woman who lived with him, cared for him during his long illness, and was acknowledged publicly as his partner.
Dispute
The dispute thrust into the public spotlight long-standing questions about:
Recognition of foreign marriages in Ghanaian courts,
The evidentiary burden for proving foreign law,
Whether a customary marriage can co-exist with an ordinance (monogamous) marriage,
Whether long-term cohabitation and childbirth constitute marriage,
How abandonment and intention to divorce are interpreted in Ghanaian law, and
Who is entitled under Ashanti custom to perform widowhood rites.
At the centre of the controversy was the late musician’s complicated marital history — a civil marriage in Germany in 2004, a prior customary marriage in 1991, and an alleged customary remarriage to Priscilla in 2010.
Plaintiff’s Case: “I Am the Only Legal Wife.”
The plaintiff’s case, presented through her representative, Georgina Osei Bonsu, argued that:
1. She married Daddy Lumba customarily in 1991 in Bomso, Kumasi.
2. The couple later married under German civil law on 23 December 2004.
3. They never divorced, despite turbulent periods in the marriage.
4. She periodically visited the musician between 2011 and 2018, contradicting claims that she abandoned him.
5. She supported him financially from Germany, including buying his medications.
6. A video from Lumba’s 60th birthday celebration in 2024 featured him calling her his wife.
7. She never returned any traditional drink to dissolve the customary marriage.
8. She argued that long-term cohabitation with Odo Broni did not qualify as marriage under Ashanti custom.
The plaintiff tendered key documents including:
A notarised German marriage certificate,
A letter from the German Embassy,
Photographs, funeral posters, and video evidence,
A power of attorney.
Lumba’s elder sister, Ernestina Fosuh (PW1), corroborated her account and insisted that Lumba could not have married Priscilla customarily because he was bound by an existing ordinance marriage, which is strictly monogamous under Ghanaian law.
The plaintiff also called an Ashanti customary expert, Safo Kantanka, who stressed that only a legitimately married wife under custom can perform widowhood rites — rites believed to separate a widow spiritually and physically from her deceased husband.
Defendants’ Case: “The First Marriage Was Over — She Abandoned Him.”
1st Defendant (Family Head) – The Marriage Ended Long Ago
The head of family insisted:
The plaintiff abandoned the musician for 17 years while he battled chronic illness.
She threatened to dissolve the marriage if he relocated to Ghana for treatment.
She and her family allegedly presented customary dissolution drinks, which were accepted by the family.
A 2018 letter from the plaintiff’s lawyers acknowledged the marriage had broken down, complained about property rights, and referenced Lumba’s “17 children.”
The plaintiff never performed in-law rites when Lumba’s mother died — a customary requirement for legitimate wives.
The deceased lived exclusively with Priscilla for over 15 years, travelled with her, and publicly acknowledged her as his wife.
The plaintiff returned to Ghana only briefly after his death, while the second defendant had done all the work toward his burial.
The family tendered:
Letters from plaintiff’s lawyers,
Images and videos showing Odo Broni as Lumba’s wife,
Evidence of the plaintiff’s absence from customary obligations.
2nd Defendant (Priscilla Ofori) – “I Was the Wife Who Stayed.”
Priscilla did not testify personally but presented James Beniako Boateng as her witness.
His Testimony:
He witnessed the 2010 customary marriage between Lumba and Priscilla at Tantra Hills.
Daddy Lumba stated during the marriage ceremony that his union with the plaintiff had broken down before he left Germany.
Lumba and Priscilla lived together as husband and wife, first at Tantra Hills and later at East Legon.
They had six children together.
Lumba avoided media attention for fear of scandal.
Birth certificates, photographs and other documents were tendered to support the claim.
The Legal Issues Before the Court
The court examined 12 issues, including:
Whether the plaintiff was the only surviving spouse.
Whether she had abandoned the marriage.
Whether long-term cohabitation constituted customary marriage.
Whether the plaintiff intended to divorce the deceased.
Whether the German marriage was valid under German federal law.
Whether Lumba’s habitual residence revived his domicile of origin in Ghana.
Whether the marriage had broken down under German law.
Who had the rightful claim to widowhood rites under Ashanti custom.
Judicial Principles
The judgment explored key legal doctrines:
Foreign law must be proved as fact through expert evidence.
Customary marriages are potentially polygamous; ordinance marriages are strictly monogamous.
Foreign documents require proper authentication to be admissible.
Widowhood rites are determined by the deceased’s family’s customs.
Abandonment can revive the domicile of origin.
A counterclaim stands as an independent action.
A single credible witness is enough to prove a fact.
The intention to divorce is not the same as dissolution of marriage.
Inadmissible evidence must be rejected.
The ruling — delivered on November 28, 2025 — has become a landmark reference point in Ghanaian matrimonial and customary law due to its detailed analysis of foreign marriages, authentication of documents, and the role of tradition in funeral rites.
