This is a real life story of a Ghanaian man named Glah. He was sentenced to 12 months imprisonment for having children with his wife, wife’s mother and wife’s sister.
The true story of Glah was revealed in an appeal from the judgment of the District Magistrate Grade II, Kpando delivered on 21 January 1989. The appellants who were charged with the offence of conduct conducive to breach of the peace contrary to section 207 of the Criminal Code, 1960 (Act 29) were found guilty and sentenced. The first appellant was sentenced to twelve months’ imprisonment with hard labour while the second appellant was sentenced to a fine of ¢15,000 or in default to be committed to prison for twelve months.
The facts were given by Mr. Homenya, learned counsel for the appellants. According to the prosecution the first appellant had an affair with a woman who happened to be his mother-in-law. On the second count the first appellant is also charged for having an affair with a woman who happened to be his wife’s sister.
The second appellant was charged for having an affair with the first appellant. They both pleaded guilty. The case was taken to the Ho High Court shortly after the sentence was given.
Their lawyer, Homenya argued that the District Court should not have accepted their plea of guilty because having an affair with mother-in-law and sister-in-law is not an offence under the law.
He pointed out that they were convicted for an offence which does not exist as he described the punishment as excessive. The state defended the judgement with prosecutors saying their conduct was insulting as the breach of the peace is likely to be occasioned.
Mr Dzanku explained that the Chief and Elders of Dafor, as well as the PNDC District Secretary, has warned them to desist from such immoral acts but they paid no heed. He further argued that if other family members of the three women had not exercised restraint serious breach of the peace would have occasioned.
The presiding Justice, Mr Amuah however disagreed. While admitting that customary law frowns upon such conduct it was not captured by the law relied upon by the prosecutors. He said Glah had lived with and cohabited with these spouses peacefully for 17 years and has two children with each of them.
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