Samuel Ampomah, a Ghanaian citizen, has sued the Attorney General, AG, at the Supreme Court pertaining to the restrictions imposed by part 3 of the Marriages Act (CAP 127).
Ampomah, in a report by dennislawnews.com, told the Justice Baffoe-Bonnie-led Supreme Court, on Tuesday, October 18, 2022, to order the State to remove restrictions to one wife under the marriage Ordinance for him to marry again in fulfilment of his fundamental human rights, having already married under the Act and unwilling to divorce his wife, while desirous of adding another.
He is also seeking a declaration from the court to impose on the State to amend CAP 127 to respect choices and fundamental human rights to marry more in line with customary and Islamic arrangements of Ghana’s marital laws.
Marriage under the ordinance is governed by the Marriages Act (Cap 127) and is presently the only strict monogamous marriage arrangement under Ghanaian law, with the possibility of a criminal charge of bigamy against a man who adds another wife under the same law.
When the seven-member panel called the case, a member of the panel queried Samuel Ampomah, who is the plaintiff, to state his case.
In explaining why they were at the Apex court, Ampomah’s counsel told the court that his client married under the marriage ordinance, which restricted him to marrying one wife and thus they are praying to the court to make a declaration directed at the Attorney General to change the law, allowing him to marry more women.
He mentioned that his client came to court relative to a supposed breach of his fundamental human right.
After Ampomah’s counsel briefed the court, the Attorney General was to file the necessary documents in response to the case.
In a 23-page document signed by Chief State Attorney, Patience Adumua-Lartey, the AG notes that the various forms of marriage as captured by CAP 127 are simply based on the principles of the various religions regarding marriage and not a creation of the lawmakers.
It adds that the plaintiff’s submissions do not raise any real or genuine issues of constitutional interpretation such as would invoke the original jurisdiction of the Supreme Court.
“Per his Statement of Case, invoking the original jurisdiction of the Supreme Court, the plaintiff, Samuel Ampomah states inter alia that the effect of Sections 74(1)(b) of CAP 127 and Sections262, 263, 264, and 265(2) of Act 29 constitute a breach of Articles 17(2) and 21(1) ( c) of the Constitution by prohibiting an identifiable section of Ghanaian men from marrying more than one wife if they wish so.
-Ghanaweb
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