The death of Highlife legend Daddy Lumba has not only broken hearts across Ghana but has also sparked a legal and cultural debate: Who owns the body of a deceased person?
Following the announcement of Daddy Lumba’s burial date, the late musician’s purported legal wife, Akosua Serwaa Fosuh, filed a lawsuit against the family head, accusing him of excluding her and her children from the funeral arrangements.
Her legal action has reignited an age-old debate about marriage, inheritance, and who has the final say in laying a loved one to rest.
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In Akan tradition, the extended family typically takes the lead in burial matters. However, Ghanaian law also recognizes the rights of a surviving spouse and children.
This overlap between custom and law often creates confusion, and sometimes conflict, especially when emotions are high and reputations are at stake.
The court battle
Akosua Serwaa, who identifies as the only surviving spouse of the late musician, has filed a writ at the High Court in Kumasi, seeking official recognition of her marital status.
She is also requesting an injunction to halt the upcoming funeral and burial arrangements, which she claims were planned without her consent.
According to her suit, the funeral date of December 6, 2025, which was announced on DL Radio, was set by members of Daddy Lumba’s extended family without any consultation with her or her children.
She maintains that, as the legal wife, she should have been included in these decisions.
The suit names Priscilla Ofori, popularly known as Odo Broni (described as the late musician’s second wife), and Abusua Panin Kofi Owusu, the family head, as defendants.
Akosua Serwaa has accused them of “collaborating to engage in fraudulent acts” related to the planning of the funeral and burial.
Her plea to the court also includes an order to prevent the second wife and family members from taking custody of Daddy Lumba’s body from the morgue.
She has insisted that she alone has the right to perform widowhood rites as his lawful spouse.
Legal perspective
Legal expert and media personality Listowel Fordjour has offered insights into the ongoing debate over who has the legal right to make funeral arrangements when a married person dies.
Speaking on Adom FM on October 13, 2025, Fordjour explained that Ghanaian law recognizes both customary practices and constitutional rights in funeral planning.
He emphasized that a surviving spouse and children must never be excluded from such arrangements.
He cited a Supreme Court ruling that set a legal precedent, noting that if a surviving spouse is excluded from the funeral process, they have the right to seek an injunction.
“There was a recent case in 2022 where the Supreme Court made it clear that when someone passes away and funeral arrangements are being made, the surviving spouse and children must not be excluded. So, if a sibling or family head decides to leave them out, the spouse has every right to go to court and stop the process,” he said.
Fordjour further explained that while tradition suggests the deceased’s body belongs to the family, the legal definition of “family” includes both the spouse and children.
“Article 11, Clause 3 of our Constitution recognizes customs, traditions, and regulations. While the body of the deceased is traditionally seen as belonging to the family, the law interprets ‘family’ to include the spouse and children. This is because marriage is built on two key foundations: first, the consent of both families, and second, the mutual agreement between the man and the woman,” he added.
@adom1063fm When a person dies, the body belongs to the family including the wife and children. The family cannot plan a funeral without the spouse and children – Listowel Fordjour ESQ #DwasoNsem
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