The ceremony which happened on Saturday has sparked outrage among Ghanaians with many calling for arrests and prosecution. However, the Ga Dangme Traditional Council has defended the marriage, stating that the girl would not be expected to fulfill marital obligations. 

In a statement on Tuesday, FIDA Ghana said despite the justification for the customary practice of child marriage traditions or customs of the Nungua community, the marrying off of the minor is offensive to the provisions of the 1992 constitution of the Republic of Ghana and the Children’s Act of Ghana. 

“The union between the 63 year-old Gborbu Wulomo and the minor, Naa Ayemoede, raises legal issues of concern, regarding cultural rights and practices with their limitations under the provisions of the 1992 Constitution of the Republic of Ghana. A close look at the provisions for cultural rights and practices under Article 26(1) of the 1992 Constitution of the Republic of Ghana indicates that every person is entitled to enjoy, practice, profess, maintain, and promote any culture, language, tradition or religion subject to the provisions of this Constitution. 

However, the above-stated cultural rights and provision is limited by the provision of Article 26(2), which prohibits “all customary practices which dehumanise or are injurious to the physical and mental well-being of a person,” the statement said. 

The statement further said: “The customary marriage of the 12-year-old Naa Ayemoede, is unlawful. It must also be noted that since the victim is below the marriageable age of 18 years, she cannot give her legal consent to the marriage.

Furthermore, section 14 of the Children’s Act 1998 (Act 560), gives a mandatory minimum age of marriage of whatever kind to be eighteen (18) years. FIDA-Ghana, therefore, calls for a close look into the endorsement of child marriage in the Nungua Wulomo customary marriage, as part of the necessary rites and procedures, which need to be undertaken, in order to uphold and respect the traditions of their community.”