ABSTRACT

This chapter discusses the tensions embedded within the equality provision of Ghana and the plurality of personal status laws. Ghana is a country which still relies on the British colonial legacy where the colonizer continued the usage of pre-colonial laws alongside the common law. This means that citizens belong to different customary/religious laws and also state laws. However, regarding the constitution, equality of all citizens is supreme, and so if an aspect of a customary/religious law violates such provision, that aspect is unconstitutional. Relying on both archival and primary data, the chapter argues that the tension can only be resolved by citizens through the judiciary.