She could be humiliated - Lawyer advises Akosua Serwaa to drop 'legal wife' appeal case
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Kwesi Fokuor-Benyin, a private legal practitioner has raised serious concerns about the appeal filed on behalf of Akosua Serwaa Fosu, warning that the move could expose her to another damaging legal setback.
In an analysis of the ongoing legal dispute surrounding the estate of the late highlife legend Daddy Lumba, legal analyst Kwesi Fokuor-Benyin described the appeal as ill-advised and procedurally flawed, suggesting that it stands little chance of success at the appellate level.
According to him, beyond the substantive weaknesses already evident in the High Court judgment being challenged, the notice of appeal itself suffers from fundamental defects. He noted that the document appears to have been hastily prepared, pointing to typographical errors, poor drafting, and, more significantly, inadequately framed grounds of appeal.
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Mr Fokuor-Benyin explained that under Rule 8(4) of C.I. 16, appellants who allege an error or misdirection of law are required to clearly specify the nature of the error and provide detailed particulars. He argued that although most of the grounds of appeal relate to alleged errors of law—particularly the interpretation and application of section 161 of NRCD 323—the notice fails to properly identify or particularise those errors as required by law.
He further observed that Ghana’s appellate courts have consistently enforced strict compliance with procedural rules, often striking out defective grounds of appeal or dismissing entire appeals where statutory requirements are not met. As appeals are governed strictly by statute, he noted, courts have little discretion to overlook such lapses.
In light of these concerns, the analyst suggested that Akosua Serwaa’s legal interests may be better served through an alternative legal strategy rather than continuing with the appeal. He argued that in the months following the High Court ruling, greater attention should have been paid to quietly investigating the alleged customary marriage said to have taken place in April 2010 between Daddy Lumba and Priscilla Ofori, also known as Odo Broni.
Mr Fokuor-Benyin expressed doubt over the existence of that ceremony, stating that the account presented in court may have been constructed and supported by a witness whose testimony was persuasive but potentially unreliable. He cited a December 2010 media interview in which Daddy Lumba publicly referred to Akosua Serwaa as the woman he was with at the time and spoke about his desire to have more children, a statement he believes casts doubt on claims of an earlier customary marriage.
He noted that if credible evidence were to emerge showing that the testimony supporting the alleged 2010 marriage was fabricated or improperly influenced, Akosua Serwaa could initiate a fresh legal action to set aside the relevant portion of the judgment. Such proceedings, he explained, would allow the introduction of new evidence, unlike an appeal where the record is fixed.
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Importantly, he added that actions based on fraud are not subject to time limitations, as fraud invalidates even final court judgments.
Should such an action succeed, he said, the declaration recognising Odo Broni as a co-wife could be overturned, restoring Akosua Serwaa’s status as the sole surviving spouse, even if only under customary law rather than a civil marriage.
The commentator concluded by urging those close to Akosua Serwaa to reconsider the appeal, reduce public commentary on the case, focus on property distribution matters, and adopt a more strategic and measured legal approach going forward.
The legal battle over Daddy Lumba’s marital status and estate continues to attract significant public attention, with further developments expected as the case progresses.
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