A legal expert has clarified that under Ghana’s customary law, a couple may be recognised as married even without a formal ceremony, if certain conditions such as cohabitation, public acknowledgement, and shared life activities, are proven before a court. The explanation follows the high-profile court ruling involving musician Daddy Lumba, Maame Akosua Serwaa, and the woman known publicly as Odo Broni.
Speaking on the matter, the lawyer said the court’s decision was grounded strictly in law and evidence, not emotion. According to him, many critics of the ruling were basing their arguments on sentiment rather than the legal standards for establishing a customary marriage.
He noted that the court accepted evidence that Odo Broni had lived with Daddy Lumba, shared the same room with him, and appeared publicly with him over a period of time, conditions that can, in some cases, satisfy the elements of a customary marriage. “Customary marriage does not always require a ceremony,” he explained. “If a man and woman cohabit, sleep together, and represent themselves publicly as partners, the law may recognise them as married depending on the customs of their ethnic group.”
The lawyer also addressed why the court rejected the documents presented by Maame Akosua Serwaa, who claimed to be the legally recognized wife of Daddy Lumba under German law. He said the court expected a properly verified foreign marriage certificate, authenticated by officials in the issuing country and confirmed by Ghana’s embassy. However, the documents tendered did not meet those requirements.
“Foreign documents cannot simply be presented and accepted,” he said. “They must be certified, validated, and endorsed. The court did not reject her claim, it rejected the documents because they were not legally acceptable in their state.”
He added that Maame Serwaa could mount a strong appeal if she produces the correct marriage documents with the required endorsements. “If proper evidence is submitted, the outcome could change,” he noted, suggesting that the customary marriage recognition granted to Odo Broni might not stand against a fully authenticated statutory marriage.
The lawyer emphasised that the court did not elevate Odo Broni above Maame Serwaa, but ruled based on the evidence available at the time. “If the right documents had been provided, the court would have ruled differently,” he said, reiterating that legal decisions rest on proof, not perception.
The case continues to attract nationwide attention, with legal observers noting that it highlights a broader lack of public understanding about both foreign marriage validation and the flexibility of Ghana’s customary marriage laws.
