Bigamy & Polygamy in Ghana: Can Marry Two Wives?

polygamy

Disclaimer: This content is for educational and informational purposes only and not legal advice. We strongly recommend that you engage a qualified lawyer for legal advice in all legal matters.

How Many Spouses Can a Person Marry in Ghana?

In Ghana, the number of spouses a person can legally marry depends on the type of marriage they first enter into. Ghana recognises three main systems of marriage: Customary, Islamic, and Ordinance (civil or church). Each one comes with its own rules.

Under Customary marriage, a man may marry more than one woman. Each union must follow proper family and customary procedures. That’s what we usually call polygamy. However, once a man chooses to marry under the Marriage Ordinance, everything changes. Ordinance marriage is strictly monogamous. It’s “one man, one woman,” just like the marriage vows say.

If a man marries under the Ordinance, the law prohibits him from marrying another woman in any form. The law declares any second marriage in such circumstances void. Section 262 of the Criminal Offences Act, 1960 (Act 29) treats this act as bigamy. Anyone who knowingly takes part in the bigamous marriage also commits a criminal offence and may be charged and convicted.

In simple terms:

Bigamy simply means marrying another person while still legally married to someone else. It’s not just “morally wrong”, it’s a criminal offence that can lead to imprisonment. Even if the second ceremony is “traditional” or “private,” the law still sees it as illegal once there’s an existing Ordinance marriage.

  • If he married under customary law → he may add more wives under Customary Law (lawfully).
  • If he married under ordinance → he cannot marry anyone else until that marriage is dissolved by a court.

In one case, a man who is in the middle of divorcing his ordinance wife, decided to have a traditional marriage with his new girlfriend. The reason is because he thinks the divorce is almost over so he can marry again. This man remains legally married until the court grants the final divorce decree. While the divorce is still in process, any attempt to marry the girlfriend, traditional or otherwise, would amount to bigamy.

You can learn more about Divorce in Ghana here.

Case Study: How a Ghanaian Man Ended Up in Jail for Bigamy

“Businessman jailed 12 months for bigamy”

GBN GHWebGHTimes

In May 2023, the Accra Circuit Court sentenced a businessman to 12 months in prison for bigamy under section 263(1) of the Criminal Offences Act, 1960 (Act 29). He had first married under the Marriage Ordinance with certificate number SMC/028/09, dated 4 October 2008, and later contracted another Ordinance marriage in Ghana, obtaining certificate LMKMA/MC/2015/18.

According to the prosecution, the story began when a nurse, living abroad, received a call from her land caretaker in Ghana about a road project threatening her property. The caretaker gave her five contact numbers for people who could help, and one of them was the man. The two began talking, one thing led to another, and romance bloomed across continents.

How He was Caught

The prosecution said the man told the nurse he had six children with two other women but was not married to any of them. She believed him and agreed to marry when she next came to Ghana. The wedding was duly registered, but the honeymoon didn’t last. She soon discovered that the man was legally married all along.

From there, things spiralled. Reports say the first wife confronted and allegedly assaulted the new bride “for taking her husband.” Then in 2019, a WhatsApp message allegedly sent from the man’s son warned her: “We shall see, but this time this is going to be a tribal war, I swear.”

When the matter finally reached court, the evidence was straightforward, the first marriage was still valid and undissolved. The prosecution proved that Narh knew this when he entered the second marriage. The judge found him guilty of bigamy and sentenced him to one year’s imprisonment for bigamy.

Why This Case Matters

This case clearly shows that Ghana’s law on bigamy applies firmly, even when someone calls the second marriage “traditional” or marries a partner abroad. It makes clear that once you marry under the Ordinance, you cannot lawfully marry anyone else until the first marriage is legally dissolved.

It’s also a reminder that bigamy isn’t just a legal offence, it often comes with real emotional and social consequences, betrayal, broken trust, and sometimes violence. For anyone “waiting” for a partner to finalize a divorce before marrying them traditionally, this case offers a clear warning, don’t proceed until the divorce is legally complete.

 

Next Step: Secure your Rights

Now that you understand bigamy & polygamy, next step is to learn about Divorce. You may also get some help from one of the options below.

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