Spouse vs. Family: Who Controls the Funeral in Ghana

The recent Daddy Lumba family dispute over who should control his funeral rites has reignited one of Ghana’s most emotionally charged legal questions, spouse vs family who controls the funeral in Ghana. Who has the right to bury a husband or wife in Ghana, the surviving spouse or the deceased’s family?

Many assume that once you are legally married, you automatically gain control over your spouse’s remains and funeral arrangements. Yet, a recent High Court ruling has surprised the public by affirming that, under Ghanaian Customary Law, the deceased’s family, especially in Akan tradition, has the final say in burial matters. JoyOnline.

In this article, we unpack what the law actually says about funeral control, drawing from statutory provisions, customary principles, and Supreme Court decisions to explain why, in many cases, a grieving spouse’s wishes may yield to the family’s ancestral rights.

Who is the Lawful Spouse?

In Ghana, a romantic relationship between a man and a woman will not automatically constitute a valid marriage. A sexual relationship, no matter how long or short term, or even having children together will also not constitute a valid marriage. A marital relationship is only a valid legal marriage if it satisfies the requirements of the law. Following from that, the right to participate as a spouse in funeral decisions, to inherit property, or even be recognized as “next of kin” depends on whether the marriage claimed is valid under Ghana’s laws.

In Ghana marriage is between a man and a woman. There are three main types of lawful marriage in Ghana:

1. Customary marriage, under Customary Law, this is a polygamous marriage governed by the traditions of the woman’s tribe ethnic group.
2. Ordinance marriage, under the Marriage Ordinance (Cap 127), essentially the monogamous “church or court” marriage.
3. Islamic marriage, under the Marriage of Mohammedans Ordinance (Cap 129).

Each type carries different legal implications. A customary marriage may give the extended family stronger influence in funeral matters. Whereas, an ordinance marriage, being strictly monogamous, often strengthens the widow or widower’s claim.

As the court observed in Yaotey v. Quaye [1961] GLR 573, the status of a wife depends on the form of marriage contracted, and that status determines her standing in disputes after death, including the right to bury her spouse.

Who Are the Family?

In Ghanaian Customary Law, “the family” (the abusua) is more than just close relatives or the nuclear family. It is a legally recognized unit that represents the individual’s ancestral bloodline. The abusua includes the nuclear and extended families and depending on the context may refer to both or either one. The family holds both moral and legal authority over key matters in the members’ life and a member’s death, their funeral rites and inheritance.

Depending on the ethnic group, the structure of the family varies. Among the Akan, descent is matrilineal, meaning the mother’s family, especially the maternal uncle, assumes responsibility for the burial. Among the Ewe, Ga, and most northern tribes of Ghana, descent is patrilineal, giving the father’s side greater authority.

The Ghanaian courts have repeatedly upheld this customary role of the family. In In re Antubam (Deceased) [1965] GLR 667, the court affirmed that under Akan custom, the family controls the burial of the deceased. The widow is consulted and respected but does not have the final word.

Thus, in the eyes of Customary Law, the family’s authority over the deceased’s body is a legal right rooted in Ghana’s plural legal system. Although, the degree of authority and influence may vary from tribe to tribe.

The Law on Funerals

When a person dies in Ghana, their body becomes subject to various legal and cultural rules. Funeral rites lie at the intersection of Customary Law, statutory law, and religious beliefs. There is no single statute in Ghana that fully regulates burials. Because of this, courts often depend on customary principles and past judgments to decide who controls funeral arrangements.

Laws of Ghana

Article 11 of our constitution specifically lists the laws of Ghana. These are the constitution itself, Acts of parliament, existing law and common law. Common Law is defined to include the Customary Law of Ghana.

There is no single statute in Ghana that regulates who has the right to bury a deceased person. The Public Health Act, 2012 (Act 851) and the Mortuaries and Funeral Facilities Regulations, 1999 (L.I. 1651) mainly address sanitation, handling, and transportation of bodies and not family control.

Therefore, in disputes over funeral rites, Ghanaian courts usually rely on Customary Law. The 1992 Constitution recognizes Customary Law as a valid source of law. Customary Law remains valid only when consistent with the Constitution or an Act of Parliament. Thus, courts turn to Customary Law to decide who controls funeral rites. In effect, it is Customary Law that governs who controls burial and funeral rites in most cases.

Obtain a hard cover edition of the 1992 Constitution here.

Customary Law

Under Customary Law, the family (the abusua) of the deceased has the primary right to perform the burial. The family’s control is rooted in the tradition that the deceased returns to join the spirits of their ancestors. Therefore, only the family can perform the appropriate rites to ensure a peaceful passage.

Courts have affirmed this principle repeatedly. In In re Antubam (Deceased) [1965] GLR 667, Justice Ollennu held that burial is the family’s duty under Akan custom. He explained that the widow’s wishes are secondary to the family’s right to perform the rites. The court rejected a widow’s claim to control her husband’s burial. It ruled that the deceased’s family holds the overriding right to conduct the funeral rites.

However, while the family holds the legal right, they are expected to consult the spouse and consider her or his emotional stake. Courts tend to favour arrangements that balance customary rights with reasonableness and common decency.

Personal Law

Where a deceased person contracted a marriage under the Ordinance or Islamic Law, personal law may influence funeral rights. A Christian or civil spouse may have a stronger claim in such cases. This is especially true if the deceased left written instructions or a will that the spouse seeks to enforce. A registered marriage certificate showing the spouse’s wishes may also strengthen that claim.

Tribal Variations

In this section, we generalize based on three main tribal clusters in Ghana: Northern, South-West/Central, and South-East. These clusters share similar customary practices. Among the South-West and Central tribes, mainly the Akan, the maternal family controls the funeral. The widow usually plays a consultative rather than a decisive role. The South-East tribes, mainly, Ga-Adangme and Ewe traditions emphasize the paternal line, where the father’s family assumes primary control. In northern Ghana, mainly the Mole-Dagbani tradition, patrilineal authority also predominates, though Islamic influence often gives the spouse more recognition.

Despite these differences, the unifying principle across Ghana is that the family holds legal control of burial arrangements, unless a specific personal or statutory law provides otherwise.

What the Courts have Said

To understand how Ghanaian courts apply these principles, we must look at two classic cases. These cases have shaped the law for decades, even up to 2025. Both involved disputes between a widow and the deceased’s abusua.
In each case, the court had to decide who had the final right to control the funeral and burial.

In the Beginning:  In re Antubam (Deceased) [1965] GLR 138

This landmark case remains the foundation of Ghanaian law on who controls funeral rites. The deceased, a respected Akan man, died intestate. A dispute arose between his widow and his matrilineal abusua over who should arrange his funeral and determine his final resting place. The widow insisted she had the right as his spouse to handle the burial, while the family argued that, under Akan custom, the duty lay with them.

It was judged that under Akan Customary Law, the obligation to bury the dead rests upon the deceased’s maternal family. The widow, though to be treated with respect and consulted, has no overriding right to control the funeral or the body.

The judgment emphasized that marriage under Customary Law integrates a woman into her husband’s family only socially, not legally for lineage purposes. Thus, burial rights follow bloodline, not marital tie. This principle has guided Ghanaian courts ever since, particularly in Akan-dominated regions, and remains a leading authority on family versus spouse funeral control.

Further Details of the Principle

Other cases have clarified aspects of the Antubam principle. For instance, in Neequaye & Another v. Okoe [1993–94] 1 GLR 538 and Opoku v. Nyamekye [1999–2000] 1 GLR 653, the court held that in the Ga tradition, the family bears the primary financial responsibility for the funeral, while the spouse and children are typically responsible only for providing the coffin or symbolic items.

Additionally, PNDC Law 111 (Intestate Succession Law, 1985) has codified how the estate of a person who dies without a will is distributed among the spouse, children, and family. While this statute rebalances property rights, it does not alter the customary rule that the family controls burial. Learn more about PNDC Law 111 or  Inheritance Distribution here.

PNDC Law 111 Does Not Apply to Funerals

For the avoidance of doubt, PNDC Law 111, Governs property and assets (houses, money, cars) of the intestate. It was enacted to protect spouses and children from disinheritance by the family. Customary Law, as seen in In re Antubam, governs the body and funeral rites. Courts have consistently ruled that a dead body is not property. In re Antubam. Therefore, PNDC Law 111 does not apply to the corpse of the deceased.

Obtain a copy of PNDC Law 111 here.

Conclusion – Lessons and Modern Implications

For couples today, the lesson is simple but vital, clarity in life prevents conflict in death. Register your marriage, especially under the Ordinance, make a will, and communicate burial preferences in writing as much as possible. These steps give legal certainty to the spouse’s role and prevent avoidable family battles.

Ultimately, funerals are not merely cultural events but moments of legal significance, where custom, law, and love intersect. Understanding these principles ensures that grief is guided by dignity.

Practically speaking though, the one who is financing the funeral is usually the one who calls all the shots. These kinds of legal disputes arise when both sides have the incentive and/or capacity to finance the funeral.