The contentious funeral dispute paralyses plans for Ghanaian highlife icon Daddy Lumba. Legal motions and traditional claims clash in a dramatic confrontation, illuminating the deep schism between European statutory law and West African customary practice. This deadlock requires immediate judicial intervention, setting an irreversible legal precedent.
Lumba’s End: A Global Icon’s local crisis
Charles Kwadwo Fosu (Daddy Lumba) passed away in Accra on July 26, 2025, at age 60. As one of Ghana’s most celebrated highlife musicians, his death triggered a nationwide outpouring of grief. Crucially, he held dual citizenship (Ghanaian and German), having been legally married in Bornheim, Germany, to Akosua Serwah Fosuh. This dual nationality and dual marital life directly precipitate the current crisis, turning a private family dispute into a complex international legal affair.
Global tributes, Local dispute
Lumba’s death sparked global mourning, underscoring his influence beyond Ghana. His career spanned nearly four decades, yielding over 33 albums and countless hits. In honour of this legacy, the Creative Arts Agency, in collaboration with the Fosu family, organised a candlelight vigil at the Independence Square on August 2, 2025. The funeral is planned for Kumasi, (December 6, we are told), but the date remains dependent on the legal resolution. A one-week memorial observation was held in Accra on August 30, 2025.
The crisis began when the immediate family, led by Akosua Serwah Fosuh, sought a court injunction against the extended family’s unilateral December 6 funeral plans, citing a “complete lack of respect” and non-consultation. The extended family, led by Abusuapanyin Kofi Wusu, staunchly defends their actions, insisting that traditional leaders followed due process by notifying high authorities. Kofi Wusu issued a defiant challenge: “Our customs are older than any court in this land.”
The Widening Legal Gulf: Divorce, Bigamy, and Burial Control
The conflict has been amplified by two major legal precedents and a new defence:
I. Customary Dissolution vs. Statutory Marriage
The core legal crisis rests in the musician’s 2004 German statutory marriage, which under German Civil Code (BGB Section 1306), strictly enforces monogamy. Ghanaian law generally holds that a subsequent customary marriage would constitute bigamy.
However, the Fosu Royal Family has redefined the dispute with a powerful counter-claim:
- In an October 1, 2025 letter, the family’s lawyers asserted that Akosua Serwah Fosuh’s marriage was no longer legally valid. They allege her refusal to relocate to Ghana with her then ill husband constituted desertion and that she subsequently presented traditional drinks to signify customary dissolution.
- If proven, this customary dissolution would legally predate Daddy Lumba’s death, potentially invalidating the German statutory marriage in the Ghanaian court system.
- The family explicitly states they now recognise Priscilla Ofori (“Odo Broni”), who lived with the musician for over fifteen years and has six children with him, as the late musician’s wife. They also cite holding pre-demise instructions, suggesting the existence of a will or final directive that could dictate arrangements and estate distribution.
The court must now rule on the capacity of an Akan customary rite to legally terminate a preceding German statutory marriage under Ghana’s pluralistic system, which typically requires a court decree.
II. Legal Precedent on Burial
Despite the legal widow’s strong claim over marital status and inheritance, Ghanaian law separates marital rights from burial control. The key precedent, Neequaye v. Okoe, established that under customary law, the body belongs to the extended family, not the nuclear family. This suggests Abusuapanyin Kofi Wusu has the ultimate authority to proceed with funeral arrangements, provided the widow is consulted. However, the family’s claim of holding Daddy Lumba’s final instructions (a will) could override these customary burial rights.
Imminent Judicial Showdown and Global Impact
The Lumba funeral dispute is a profound test of Ghana’s legal pluralism, confronting diaspora statutory rights against indigenous customary law. The eventual judicial outcome will mandate how Ghana treats the Latin legal principle of lex loci celebrationis (law of the place where the marriage was celebrated) when it conflicts with domestic customary norms.
This high-profile case sets a critical court precedent for the Ghanaian diaspora, impacting inheritance, property division, and burial rights globally. Upholding the customary dissolution would legitimise Odo Broni’s status and potentially entitle her to a share of the estate under the Intestate Succession Law (PNDCL 111), which otherwise grants clear statutory rights to the legal spouse and children.
The next critical moment is the court appearance scheduled for October 16, 2025, where the judge is expected to hear arguments on the injunction application, providing the first major legal clarity on the burial control and marital status claims.
The judiciary faces the difficult task of rendering a judgment that respects the rule of law while providing a path for the Fosu family to perform culturally appropriate final rites. This judicial wisdom is essential, not only to lay a highlife icon to rest with dignity but to provide clarity for the millions of Ghanaians who live between the global statutory world and their traditional roots.
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