Court clears path for Daddy Lumba’s funeral after injunction over family dispute
Accra, Ghana- The Accra High Court has lifted an injunction that had temporarily halted the funeral of legendary highlife musician Charles Kwadwo Fosu, popularly known as Daddy Lumba, paving the way for the ceremony to proceed on Saturday, December 13 in the Ashanti Region.
The ruling came hours after the plaintiffs members of the musician’s maternal family failed to meet a court-imposed deadline to deposit GH¢2 million by 2 p.m. Friday Dec 12. The amount was intended to cover possible losses should the burial later be canceled following further proceedings. By failing to meet that condition, the applicants’ injunction was automatically struck out, effectively clearing the way for funeral preparations to resume.
“We can now proceed with the final arrangements,” said Thomas Kwadwo Osei, counsel for the Abusuapanyin, or family head, Kofi Owusu, describing the decision as a “huge relief” after days of uncertainty.
The court’s earlier order, issued Thursday, had suspended the burial plans pending consultation between the Abusuapanyin and the musician’s immediate family. The judge insisted that the family head’s traditional authority “must be exercised in consultation with the immediate family,” marking a precedent for reconciling Ghana’s customary and statutory legal systems.
Legal analysts described the case as a “rare test of Ghana’s legal pluralism,” where centuries-old Akan customary law which vests burial rights in the maternal lineage collides with modern judicial concepts of fairness and inclusivity. “The court’s intervention reflects Ghana’s continuing effort to modernize the intersection between family custom and statutory justice,” said Christian Malm Hessie, a private legal practitioner familiar with the case.
At the center of the dispute lies the question of who holds the legal right to direct the funeral. Lumba’s statutory wife, Akosua Serwah Fosuh, had earlier filed for an injunction, arguing that she was excluded from arrangements made by the family head.
Her lawyers contend that her German statutory marriage to the musician supersedes any customary marriage to Priscilla Ofori, widely known as “Odo Broni.” Hessie explained that under Ghana’s marriage ordinance, a man who has contracted a statutory marriage cannot enter a valid customary union, meaning “a subsequent customary marriage would be no marriage at all.”
However, a Kumasi High Court earlier ruled that both women should be recognized as customary wives, allowing them to take part in widowhood rites. The Accra court, in contrast, focused on procedure rather than marital status faulting the family head for failing to engage all parties before making burial arrangements.
The injunction was filed by the musician’s sister, Ernestina Fosuh, and uncle, Wofa Yaw Poku, who accused the Abusuapanyin of “complete lack of respect” and financial misconduct.
Court filings allege unauthorized withdrawals of GH¢11,000 and GH¢60,000 from the Daddy Lumba Memorial Foundation account. The court directed that all funeral-related funds be segregated from the Foundation’s account to ensure transparency. The plaintiffs also lodged a complaint with the Homicide Division of the Ghana Police Service, demanding an investigation into what they called an “unauthorized autopsy” performed on the late musician.
“We just want to give our brother a dignified burial,” a maternal relative said anonymously. “But we have been locked out of all decisions, and we fear the funeral money is being squandered.”
Daddy Lumba with second wife Priscilla Ofori “Odo Broni”. Photo credit Yen.com
Under Akan custom, a person’s maternal family retains full control over funeral arrangements. Lawyer Yaw Amoah, representing the Abusuapanyin, maintained that position: “The law is clear that upon death, the extended family of the deceased takes full responsibility for the funeral and burial.”
The case had earlier reached the Manhyia Palace, where traditional leaders reportedly dissolved a prior funeral committee, though disputes persisted. The Palace later distanced itself from the family feud, highlighting the limits of traditional mediation when legal and financial interests intertwine.
For many Ghanaians, the dispute has cast a shadow over a national moment of mourning. Fans expressed sadness that the passing of one of Ghana’s greatest musical icons had become a legal spectacle.
“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.”
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