How many wives a man can marry in Ghana?

Did you know that in October 2022, a man named Samuel Ampomah filed a lawsuit against the Attorney General in the Supreme Court of Ghana to remove the restriction on marrying only one wife under Ordinance as regulated by Part Three of the Marriages Act, 1884-1985 (“CAP 127”)? He argued that this restriction violated his fundamental human rights because he was not allowed to marry another woman in addition to his current wife, whom he had married under Part Three of CAP 127.
This brings us to an important question: how many wives can a man actually marry in Ghana? Under customary law, a man can marry several wives. Customary law marriage is popularly called “engagement” in our Ghanaian setting and it reflects our traditional customs and culture.
In order for a customary law marriage to be valid, the following elements must be present:
• the man and woman must agree to live together as husband and wife;
• the man’s family must agree that he should have the woman as his wife;
• the woman’s family must agree that she should have the man as her husband; and
• the marriage must be consummated by the man and woman.
If all of these elements are present, a customary law marriage can be deemed to exist, even without an “engagement” ceremony.
It is important to note that customary law marriages are potentially polygamous, meaning that a man can marry more than one woman. However, a woman cannot do the same. This raises the question of whether this is fair. Also, when a man and woman marry under the Ordinance that marriage becomes monogamous.
In cases where a man marries a woman under both customary law and in a court or church wedding under Part Three of CAP 127, the marriage becomes monogamous, meaning that the man cannot marry another woman.
Returning to the case of Samuel Ampomah, since he married his current wife under Part Three of CAP 127, he is not entitled to marry another woman until he divorces his current wife.
In conclusion, understanding the legal nuances of marriage in Ghana is important for both men and women. While customary law marriages allow for potential polygamy for men, it is crucial to ensure that all legal requirements are met in order for the marriage to be valid.