By Nicholas Osei-Wusu
The Kumasi High Court has ruled that Madam Akosua Serwaa and Priscilla Ofori, also known as ‘Odo Broni’, are lawfully recognised surviving spouses of the late Highlife music superstar, Charles Kwadwo Fosu, affectionately called Daddy Lumba.
In a consequential order, the Court, presided over by Justice Mrs. Dorinda Smith-Arthur, directed the Ekuona Royal Families of Parkoso in the Asokore Mampong Municipality and Nsuta in the Sekyere Central District of Ashanti to recognize the two women and consider them both in the performance of the widowhood rites during the final burial rites and funeral of the late Daddy Lumba.
The crux of the litigation involved an original suit by Madam Akosua Serwaa Fosu as the plaintiff against Madam Priscilla Ofori, affectionately called ‘Odo Broni’, and the Head of the Fosu Family.
The plaintiff prayed the Court to declare her as the only surviving wife of the late Daddy Lumba and allow her to perform the customary widowhood rites for the late musician.
Odo Broni, in turn, made a counter-suit that she was also a surviving wife of Daddy Lumba and should be recognized by law and the bereaved family accordingly.
During the trial, Madam Serwaa brought three witnesses, while Odo Broni and the Family Head engaged one each.
The Court rejected the supposed civil marriage certificate produced as evidence by Madam Akosua Serwaa as proof of her ordinance marriage to the late Daddy Lumba under the marriage law of Germany.
The Court held that the document produced was only an extract and lacked authentication and identification as the legally recognized ordinance marriage certificate from the Federal Government of Germany.
However, the Court said both Akosua Serwaa and Odo Broni had adduced enough evidence to prove that they had both been legally married to the late highlife musician under the customary marriage law of Ghana.
The Court also held that considering the fact that since Daddy Lumba relocated from Germany to Ghana, for 15 out of the 19 years when he was sick, Madam Akosua Serwaa failed to live with him.
The only time she came to Ghana was in 2018, only to perform the funeral rites for her late mother.
However, Daddy Lumba married Odo Broni under customary law, and she was the one who took care of him within the last 15 years of his life.
The Court held again that under Asante custom, the body of a person becomes the property of the family upon death and added that widowhood is not an entitlement but incidental to customs.
In her final ruling, Justice Mrs. Smith-Arthur ruled that both Akosua Serwaa and Odo Broni are legally recognised as surviving wives of the late Daddy Lumba under Ghana’s customary marriage law.
The bereaved family should therefore have access to the body of the late musician and recognize the two women as legal surviving spouses and allow them to perform the widowhood rites.
In an interview, a member of the legal team of Odo Broni, Osei Owusu, expressed satisfaction with the court ruling and said she is ready to play her role in the burial and funeral of the late Daddy Lumba.
“Our client is satisfied with thr ruling. She has never claimed to be the only surviving spouse of Daddy Lumba”, the lead counsel said.
Speaking on behalf of the head of the bereaved family, Dominic Kwadwo Osei also expressed appreciation to the Court for the decision.
“The court could not have given a better judgement and we’re satisfied with the ruling”, Mr. Osei said.
Minutes before the court proceedings would start, the police detailed a heavy deployment of personnel to provide enhanced security protection within the Court complex, recognizing the involvement of muscular men commonly known as ‘Machomen’, who arrived on motorcycles at the behest of one of the feuding parties.
In the packed courtroom, as the start of proceedings delayed for nearly two hours with a seeming rising anxiety among the litigating parties, one of the lawyers, through a mobile phone, played one of the popular songs of Daddy Lumba, ‘Ayehuhuuhu’, and when the trial judge eventually arrived, she mimed along with body movements amidst smiles in a move to ease the tense atmosphere.
Before reading her 74-page ruling, Justice Mrs. Dorinda Smith-Arthur noted that she had considered the high national and international interest the case had generated as well as social media discussions that involved some misinformation.
The ruling therefore included some legal education about all the legally recognized marriages in Ghana.
Meanwhile, the bereaved family has scheduled 13th December 2025 for the burial and final funeral rites for the late Daddy Lumba in Kumasi.
