Requirement of Part 3 of CAP 127: Many women remain unmarried – Ampomah tells SC
According to him, if such a person renounces his Christian faith in favor of Islam and becomes eligible to marry more than one wife, any subsequent marriage is deemed illegal, null and void
A Ghanaian citizen, Samuel Ampomah has told the Supreme Court of Ghana that the requirement of part 3 of the Marriages Act(Cap 127) which requires a person to marry only one spouse is problematic.
According to him, if such a person renounces his Christian faith in favor of Islam and becomes eligible to marry more than one wife, any subsequent marriage is deemed illegal, null and void due to his marriage under part 3 of 127.
He adds that this has created a situation where many women remain unmarried because their desired husbands may be in subsisting marriages.
Mr. Ampomah indicates that the root of monogamous marriage cannot be traced to Christianity and has always begun as a cultural practice.
He contends that subjecting part 3 of the CAP 127 to Christian marriages and indirectly criminalizing the same under sections 262, 263, 264, and 265 is blatant and state-sponsored discrimination against Ghanaians who subscribe to the Christian faith.
Additionally, he says that the decision to engage in a monogamous marriage or not should be the exclusive right of the persons involved and not be imposed on them by the state merely by their religious beliefs or creed.
The plaintiff adds that the Bible does not prohibit a Christian man from marrying more than one wife anyway and thus the prohibitions in sections 74(1)(b) of CAP 127 and 262, 263, and 265(2) are undue and improper.
Moreover, Mr. Ampomah states that upon a true and proper interpretation of Article 17 of the Constitution and with regards to the spirit, Sections 74(1)(b) of CAP 127, 262, 263, 264, and 265(2) of Act 29 are unconstitutional and ought to be declared null and void.
He is therefore seeking the following from the apex court;
A declaration that Sections 74(1)(b) of the Marriages Act 1884(CAP 127) is in contravention of articles 17 and 21 of the Constitution and to that extent, null and void.
A declaration that Sections 262, 263, 264, and 265(2) of Act 29 are in contravention of Articles 17(2) and 21 of the Constitution and to that extent, null and void.
Follow Dennislaw news for updates on the case as it unfolds.
