By: Ruth Serwaa Asare
Lawyer and Private Legal Practitioner, Maurice Ampaw, has clarified that the late music legend Daddy Lumba’s marriage with his first wife, Akosua Serwaa contracted under German civil ordinance law, falls under a different legal regime from customary marriage and cannot be dissolved by family intervention.
Speaking on GTV’s Breakfast Show, Mr. Ampaw explained that the marriage in Germany was conducted under a monogamous civil system, similar to Ghana’s marriage under the ordinance, which legally recognizes one man and one wife.
“Lumba’s marriage with the first wife is under a different legal regime. That does not recognize family. When you marry under the ordinance, you don’t need parental or family consent. Marriage under the ordinance is just two parties deciding to marry and all you need are witnesses”; he stressed.
He noted that under such marriages, the family plays no role in the dissolution process. “Now, in that marriage, even the family has no legal authority to dissolve the marriage. So, for example, if the woman is angry and goes to the family, and they decide to throw a drink saying ‘take your drink, I’m no more interested,’ that family has no legal capacity to even accept it or declare it dissolved.”; he stated.
According to him, Daddy Lumba’s marriage in Germany was still valid unless proven to have been legally dissolved, making any subsequent marriage invalid under Ghanaian law.
“What was contracted earlier was the marriage in Germany, which subsists unless there is evidence to prove that it was dissolved. Once it’s not dissolved, it means Daddy Lumba cannot contract any other marriage unless there is a valid dissolution of the first marriage”; he explained.
He emphasized that civil or ordinance marriages can only be dissolved through the court, not by pastors, families, or traditional authorities. “The validity of the marriage and the dissolution must go through a strict court process. Such a marriage can only be dissolved by a matrimonial court,” he said.
Mr. Ampaw further cautioned that any attempt to remarry without legally ending an existing ordinance marriage constitutes bigamy, which is a criminal offense punishable by imprisonment.
“Any attempt to marry another person while the first ordinance marriage still exists is a criminal offense. You can go to prison for three years or more,” he warned.
He advised individuals planning to marry to verify their partner’s marital status through the Registrar before proceeding. “I’m advising a lot of people , when a man comes to marry you, ask the man if he has a wife. Go to the Registrar and conduct a search. If the report shows he’s married, that’s a red flag,” he cautioned.
Mr. Ampaw reiterated that Daddy Lumba’s first marriage under the German civil law remains valid until it is legally dissolved, and the family or customary traditions have no authority to end such a union.
