Attorney-General and Minister of Justice, Dr. Dominic Akuritinga Ayine, has revealed that concerns over the rights of "side chicks" played a key role in preventing Ghana from passing a law on spousal property rights.
Speaking on flaws in Ghana’s 1992 Constitution, Dr. Ayine expressed deep regret over the country’s failure to pass legislation to regulate the property rights of spouses, despite a constitutional mandate to do so.
‘’The Constitution guarantees the property rights of spouses in Article 22, Clause 1, which states: ‘Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses.’ It has been 32 years since the Constitution came into force, yet we are yet to pass such legislation," he said.
Failed 2016 Attempt Under Mahama’s Government
Dr. Ayine disclosed that the closest Ghana came to passing such a law was in 2016, during the first term of former President John Dramani Mahama. At the time, then-Attorney General Marietta Brew Appiah-Oppong introduced a bill in Parliament, but it was rejected at the consideration stage.
A major point of contention was a provision stating that individuals who had cohabited for at least five years could be entitled to inherit their partner’s properties.
Strong Opposition from Female MPs
According to Dr. Ayine, the bill faced strong resistance from female parliamentarians, who feared that passing it would give legal rights to women in extramarital relationships (side chicks) to inherit property from married men.
"The women’s caucus in Parliament at the time strongly opposed that provision, and their opposition was louder than all the men combined," he explained.
He added that even when he suggested removing the cohabitation clause, female MPs still blocked the bill.
"They viewed this as an advantage for ‘side chicks,’ and despite their small numbers, they ensured the bill did not pass," he said.
What’s Next for Spousal Property Rights in Ghana?
Dr. Ayine’s revelations highlight the ongoing challenge of securing legal protections for spouses in Ghana. With spousal property rights still unregulated, many surviving partners—particularly women—remain vulnerable after the death or divorce of their spouses.
It remains to be seen whether President John Mahama’s new administration will revisit the bill and find a compromise that satisfies all stakeholders.
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