In a significant legal decision labeled the “wives episode,” the High Court (T.LP/HC/2025/04) affirmed the validity of customary marriage under Ashanti law, even in the absence of a formal 2010 marriage contract. The ruling, detailed in paragraphs 123–125 of the judgment, centered on the customary practices that recognize a man and woman as husband and wife through conduct and family acceptance, beyond strict ceremonial requirements.
The expert witness (PW2) explained that Ashanti customary law acknowledges various ways a marriage can be established, including an elderly man entering an amorous relationship with a young woman whose family accepts him as her husband, or a man who impregnates a woman, acknowledges the child, and lives with her openly. The court accepted that such relationships constitute a valid customary marriage when the community and the families treat the couple as spouses.
The judgment emphasized that customary traditions allow flexibility; deviations from prescribed customs do not invalidate a marriage if the community and the families recognize it. Consequently, the court determined that the first, fifth, sixth, seventh, and eleventh issues in the case were settled in favor of recognizing the customary marriage.
The decision has been hailed as a reinforcement of cultural legal principles in modern jurisprudence, clarifying the status of customary unions in Ashanti law and setting a precedent for similar cases involving traditional marriage practices.