By: Nana Karikari, Senior Global Affairs Correspondent
The Accra High Court’s decision on December 12, 2025, to halt and subsequently clear the way for the funeral of legendary highlife musician Charles Kwadwo Fosu, known as Daddy Lumba, represents more than a simple family disagreement. The injunction came just one day before the funeral was set to take place in the Ashanti Region. This judicial action and its immediate reversal have forced a critical, public reckoning between Ghana’s modern statutory law and the entrenched authority of Akan customary law, particularly regarding burial rights. The initial ruling, which mandates consultation between the Abusuapanyin (family head) and the immediate family, established a judicial precedent intended to balance tradition with the principles of fairness and inclusion, even as the ultimate burial proceeds.
Legal Experts Weigh In
Legal analysts affirm the initial ruling supports legal pluralism in Ghana. The presiding judge insisted the family head’s authority must be “exercised in consultation with the immediate family.” This directly addresses the friction point. Ancient customs grant significant power to the maternal lineage. This often clashes with the contemporary rights of a nuclear family. This delicate judicial balancing act is crucial. Millions of Ghanaians navigate both global statutory systems and deep-rooted traditional systems daily. Lumba’s German statutory marriage is one such global system.
Experts argue the core legal complexity lies in the musician’s marital status. Private legal practitioner Christian Malm Hessie previously highlighted this issue. A statutory marriage, claimed by Lumba’s wife, Akosua Serwah Fosuh, supersedes a subsequent customary marriage. It was Lumba’s statutory wife, Akosua Serwah Fosuh, who initially filed for an injunction against the family head’s plans in November. Hessie stated the union with Priscilla Ofori, known as Odo Broni, “would be no marriage at all” under Ghanaian ordinance law. However, a Kumasi High Court ruling affirmed that Akosua Serwah Fosuh could not be declared the sole surviving spouse, recognizing both her and Priscilla Ofori as customary wives entitled to participate in widowhood rites. The Accra High Court ruling, however, focused less on marital status. It centered on the family head’s lack of due process.
Yaw Amoah, a lawyer for the Abusuapanyin, Kofi Owusu, consistently maintains Akan custom. This custom gives the extended family control over the deceased’s body, not the spouse. “The law is clear that upon death, the extended family of the deceased takes full responsibility for the funeral and burial of the deceased,” a lawyer for the family was quoted as saying in response to earlier injunction efforts. This starkly illustrates the clash the High Court is attempting to resolve.
Judicial Balancing Act: The GH₵2 Million Condition and Its Aftermath
The Accra High Court introduced a critical condition to its earlier injunction, recalling the lawyers on December 12. The court ordered the applicants—the opposing maternal family members, including the musician’s sister and uncle—to deposit GH₵2 million by 2:00 pm that day. The payment was intended to cover any incurred funeral costs should the burial ultimately be canceled after further preparations.
The applicants failed to meet the payment deadline and their plea was struck out, lifting the injunction and allowing the funeral to proceed as scheduled on Saturday. This directive represents the court’s effort to balance the applicants’ right to due process against the practical need for the burial to proceed and to cover any costs incurred. Counsel for the family head, Thomas Kwadwo Osei, described the court’s decision as a huge relief, adding that they can now proceed with final preparations. The court’s earlier injunction had briefly halted planned events, raising concerns among relatives and fans who were already in Kumasi and getting ready for the solemn event. With the applicants’ request dismissed, tomorrow’s funeral arrangements will resume.
Family and Financial Battleground
The initial successful injunction was filed by maternal family members who are challenging the Abusuapanyin’s authority. They include the musician’s sister, Ernestina Fosuh, and uncle, Wofa Yaw Poku. Their writ targeted the family head, Kofi Owusu, and Transitions Funeral Home. They accused Owusu of “complete lack of respect” and exclusion in the funeral preparations. The dispute also involves serious criminal allegations. The plaintiffs have filed a formal complaint with the Homicide Division of the Ghana Police Service. They demand a full investigation into an alleged unauthorized autopsy performed on the musician.
The financial conflict is deeply entrenched. Plaintiffs allege Owusu made unauthorized withdrawals of GH¢11,000 and an additional GH¢60,000 from the Daddy Lumba Memorial Foundation account. The court addressed this financial concern. It ordered that all funeral funds be separated from the Foundation’s account.
A maternal relative, requesting anonymity, was quoted as saying, “We just want to give our brother a dignified burial. But they have locked us out of all the decisions. We fear the funeral money is being squandered.”
The court’s initial mandate, though overridden by the financial condition, directed Owusu to convene a multi-stakeholder meeting within three weeks to agree on a new burial date. The judge acknowledged the delay might increase costs, but stressed the necessity of due process and proper family involvement. The funeral home, Transitions Funeral Home, declined to comment on the ongoing legal matter.
Public Reaction and Cultural Significance
The crisis had previously reached the Manhyia Palace. Traditional authorities reportedly dissolved an initial committee. The plaintiffs, however, claim the family head continued to retain control. Following the initial arbitration, the Manhyia Palace publicly distanced itself from the dispute. This highlights the limitations of traditional mechanisms when faced with modern legal and financial structures.
For ordinary Ghanaians, the dispute has turned a national period of mourning into a bitter public fight. “It is a shame,” said Maame Kobi Agyeman, a fan in Accra. “A great man who gave us so much joy cannot find rest. The family must put their differences aside for the sake of his legacy.”
The case highlights the profound nature of Akan customary law. This law places immense spiritual and social authority over a deceased person’s remains with the maternal family. While the funeral will proceed, the outcome of the full case, once the substantive matter is resolved, will serve as a definitive modern roadmap. It will guide navigating death and custom in a globally connected Ghana.
