The position of the constitution spells it out clear what is right and wrong with customary marriage — Kwame Adofo
The Constitution of Ghana delineates the spirit and authority of customary laws, yet it underlines the supremacy of the constitution itself, prevailing over any action contrary to its essence and tenets.
Even though customary marriage, by mutual agreement, is recognized, if consummated when either party is a minor, any act of consensual relation with the minor is deemed criminal. The consent of the minor does not grant the adult partner the license to engage in activities typical of adult marriage, particularly those involving sex. Lawyer Kwame Adofo, a constitutional expert, highlighted this during a phone in interview on the Adekyee Mu Nsem morning show on Ahotor 92.3 FM, hosted by Alex Nana Dogbey.
In a recent alarming case, a 12-year-old girl purportedly married to a 63-year-old Ga priest has ignited public outrage. The Ghana Police Service, responding to public concern, located the girl in Nungua and placed her under police protection.
Nuumo Borketey Laweh XXXIII, the Gborbu Wulomo, faced severe criticism after a video of him marrying the 12-year-old girl, Naa Okromo, circulated online. Despite the traditional marriage ceremony occurring on Saturday, March 30, 2024, in Nungua, Gborbu Wulomo defended himself by stating that the girl would not be expected to fulfill marital duties.
The Police, in a brief statement, assured prompt action to ensure the safety and protection of the young girl and her mother, who are currently under police care. Collaboration with the Ministry of Gender, Children, and Social Protection, as well as the Department of Social Welfare, has been initiated to provide necessary support during this challenging time.
Condemnation of the marriage ceremony by the Paediatric Society of Ghana (PSG) further emphasizes the societal concern. In a statement dated April 1, 2024, the PSG vehemently condemned any act or facilitation of child marriage, citing the Children’s Act of 1998.
However, the Ga-Dangme Council clarified that the relationship between the traditional Ga priest and the 12-year-old girl is a betrothal, not a marriage. In a statement issued by its President, Ayikoi Otoo, on Monday, April 1, the council stated that it had engaged with Gborbu Wulomo and his elders.
The council stressed that the relationship being a betrothal alters its legal implications, supporting Gborbu Wulomo’s stance. Nevertheless, under customary law, a customary marriage is defined as a marriage contracted in accordance with the applicable customary law of the parties involved. The validity of such a marriage hinges on adherence to customary rites and procedures, rather than the presence of either party at the ceremony.
