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High Court Recognises Both Odo Broni And Akosua Serwaa As Spouses of Daddy Lumba

The Kumasi High Court has delivered a landmark judgement recognising two women, Akosua Serwaa Fosu and Priscilla Ofori (alias Odo Broni), as the legally acknowledged surviving wives of late highlife icon Charles Kwadwo Fosuh, popularly known as Daddy Lumba.

The ruling, delivered by Her Ladyship Justice Dorinda Smith Arthur, brings a dramatic twist to a highly publicised legal battle that erupted shortly after the musician’s death and has captivated Ghanaians for months.

The plaintiff, Akosua Serwaa, sought a declaration that she was the sole surviving spouse of the musician, based on a civil marriage she claimed to have contracted with him in Bornheim, Germany, in 2004. She also asked the court to restrain:

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  • Priscilla Ofori (Odo Broni) from calling herself a wife, and
  • The Ekuona family head, Abusuapanin Kofi Owusu, from recognising Priscilla as a spouse.

However, both claims were rejected.

Justice Smith Arthur ruled that the plaintiff failed to meet the threshold set under Sections 136 and 161 of Ghana’s Evidence Act, which require original foreign marriage certificates and duly authenticated documentation.

Instead of originals, Serwaa provided only extracts, which the court found inadequate.

The judge further explained that:

  • Claims of civil marriage in Germany must be supported by expert testimony or certification from the German marriage registry.
  • Photographs alone could not confirm a German civil marriage, particularly “in the era of Photoshop”.

This ruling significantly weakened the plaintiff’s assertion that she alone had legal marital rights over the late musician.

While Serwaa could not convincingly prove her civil marriage claim, the defence also failed in their bid to discredit her customary marriage.

Abusuapanin Kofi Owusu, the Ekuona family head, had insisted that Serwaa’s customary marriage ended when she allegedly returned the “head drinks”, a symbolic gesture indicating separation under Akan custom.

But the judge found his testimony inconsistent, contradictory, and unsupported by the necessary customary evidence.

A letter allegedly written by Mercer and Company, suggesting Serwaa had initiated divorce discussions, was deemed insufficient as it did not prove a formal dissolution of the marriage.

In what many legal analysts describe as a rare judicial position, Justice Smith Arthur clarified that:

Under Ghanaian law, customary and civil marriages are each independently valid systems, and the existence of one does not automatically void the other.

This interpretation paved the way for both women to be recognised as legitimate spouses.

The judge explained that the law does not bar a man from contracting a civil marriage after a customary one unless the earlier one has been formally dissolved.

During the trial, the defence faced their own credibility challenges.
Photographs tendered by the defence—showing Odo Broni and Daddy Lumba together—were questioned by the plaintiff’s counsel, who suggested possible digital alteration.

One witness, Abusuapanin Owusu, admitted:

“I was not there when the photograph was taken.”

And when questioned about inconsistencies in testimony regarding whether a marriage ceremony was ever photographed, he conceded that a previous defence witness had testified that no photos were taken at the alleged customary marriage event.

The High Court ultimately held that:

  • Akosua Serwaa Fosu remains a valid customary wife of Daddy Lumba (since the defence failed to prove dissolution).
  • Priscilla Ofori (Odo Broni) qualifies as a surviving wife due to long-term cohabitation, acknowledged family acceptance, and evidence of marital conduct.
  • Both women must be recognised as spouses for the purposes of funeral rites, widowhood traditions, and inheritance considerations.

The ruling sets the stage for further legal processes relating to:

  • Distribution of the musician’s estate
  • Funeral protocols and widowhood rites
  • Custody and welfare considerations for Lumba’s children

Family law experts say the ruling underscores gaps in how Ghana’s legal system reconciles customary and civil marriages, especially in cases involving public figures with complex personal histories.

The dispute began soon after Daddy Lumba’s death on 26 July 2025, triggering heated debates on social media and within legal circles.
On 3 October 2025, Serwaa filed her suit, setting into motion a courtroom drama featuring:

  • Late-submitted German documents
  • Accusations of photo tampering
  • Contradictory testimony from family members
  • Long-standing domestic cohabitation claims by Odo Broni

The case became a spectacle not merely because of the legal intricacies, but because Daddy Lumba, arguably Ghana’s greatest living highlife legend until his death, remains a deeply adored national figure.

With both women now recognised as surviving spouses, the focus shifts to reconciliation, estate administration, and the complex task of honouring the musician’s legacy while balancing competing personal claims.

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