UE/R: SOCO PROJECT FACILITATORS URGED TO WORK HARD FOR THE SUCCESS OF THE PROJECT – DCE NABDAM
By: Millicent L. Dahamani
GBC Bolgatanga’s URA Radio legal Education program, “Our Lawyer”, hosted by Prosper Adankai aired its weekly broadcast. The program is designed to simplify complex legal concepts, address key legal issues, and provide expert analysis of cases that influence Ghana’s democratic framework. This edition focused on Ghana’s Intestate Succession Law and its impact on citizens, particularly those in the Upper East Region, Calls for Reform and the Review of Ghana’s Intestate Succession Law.
Legal and civil society experts have intensified calls for Ghana to review its traditional inheritance systems, stressing the need to align customary inheritance practices with the country’s Intestate Succession Law. The discussion, held on URA Radio, explored the challenges widows and orphans face due to cultural barriers and the reluctance of traditional leaders to modify outdated customs.
Speaking on the show, Lawyer Jalladeen Abdullai, Upper East Regional Director for the Commission for Human Rights and Administrative Justice (CHRAJ), emphasized the urgency of balancing tradition with legal reforms. He noted that while Ghanaian traditions are deeply rooted in society, it is necessary to modify customs that no longer serve their intended purpose.
His concerns were echoed by Madam Fati Abigail Abdullai, Executive director for the widows and orphans movement in Northern Ghana who explained that historical inheritance structures were shaped by socio-economic needs that have evolved over time. “In the past, human capital was considered a measure of wealth, and families were quick to claim children for the workforce, particularly in farming communities”. However, she pointed out that this is no longer the case in modern society, making some customary inheritance laws outdated and in need of review.
Despite the introduction of the Intestate Succession Law, many traditional inheritance practices continue to pose challenges, particularly for widows and children. Madam Fati Abigail Abdullai also highlighted how customs such as the dowry system and expectations for widows to remarry within the late husband’s family limit women’s rights to inheritance. She described distressing cases where widows are forced to “step on the mat” to prove their loyalty to their deceased husband’s family before being granted any inheritance.
She also shared a heartbreaking case of a widow struggling with severe depression due to an inheritance dispute, emphasizing the emotional toll these practices take. According to her, if Ghana aims for true development, such practices must be reformed to prevent widowhood from becoming a life sentence of suffering.
While the Ghanaian Constitution mandates the House of Chiefs to periodically review customary laws, speakers on the program expressed concern that such reviews have been infrequent.
Lawyer Abdullai acknowledged that many traditional leaders resist change due to a strong sense of cultural preservation. He explained that custodians of tradition often feel it is their duty to protect it at all costs, making discussions around modifying inheritance systems difficult. However, he urged traditional authorities to recognize that customs were created for the people, not the other way around.
Civil society organizations like the Women Widows and Orphans Movement have been actively advocating for legal reforms and community education on inheritance rights. However, they continue to face funding and resource challenges, limiting their impact. Madam Abigail emphasized the need for long-term government and donor support to sustain advocacy efforts. She also noted that political cycles often slow down the implementation of reforms, as policymakers prioritize short-term wins over long-term legal changes.
As Ghana continues to modernize its legal framework, the guest speakers stressed the importance of a collaborative approach that includes legal professionals, traditional leaders, policymakers, and Civil Society groups. This ongoing discussions have reignited a necessary conversation on balancing tradition with modern legal frameworks to protect the rights of citizens especially widows and orphans.
