In a recent episode of Citi TV’s legal education show ‘A Question of Law,’ private legal practitioner Selorm Adonoo explored the intricate and sensitive topic of “Ownership of Dead Bodies and Funerals.”
During the insightful discussion, Adonoo shed light on the complexities surrounding this issue, with a particular focus on Ga customary law and its implications for determining the rightful owners of human remains.
According to Mr. Adonoo, the traditional ownership of a dead body lies with the family, extending beyond the nuclear family. This concept is deeply rooted in Ga customary law and has been recognized and endorsed by the courts, making it a general rule.
He cited a significant Ga Mashie case that was brought before former Chief Justice Georgina Wood. The case revolved around a dispute over the burial responsibility for a deceased family member. The nuclear family argued that, under PNDC Law III, they should inherit the deceased’s corpse as self-acquired property.
However, the court ruled in favor of the wider family, asserting that a corpse cannot be inherited and, therefore, belongs to the extended family.
The court’s reasoning was notable as it emphasized that once a person passes away, they lose control over their body and cannot dictate what happens to it. In an interesting revelation during the case, it was discovered that the deceased had prearranged and paid for his burial plot, indicating his preferences for the place of burial and funeral arrangements.
The private legal practitioner stressed that the decision regarding the dead body ultimately rests with the wider family, allowing them to make the final call on funeral arrangements while considering input from nuclear family members.
“So the point here then is a corpse cannot be inherited, it belongs to the wider family. The wider family has to make the decision however with the input of the nuclear family,” he stated.
