The law has no definition for First Lady; Presidents can designate anyone as First Lady - Lawyer

Renowned Ghanaian lawyer, Benjamin Tachie Antiedu, has revealed that the law has no definition for the term “First Lady” in Ghana’s governance system.

In an interview on the Happy Morning Show with Samuel Eshun, the lawyer explained that the President can designate anyone as First Lady.

Mr. Antiedu explained that in Ghana’s governance system, it has become customary for the president, who is the head of the executive, to refer to his wife as the First Lady. However, he pointed out that since the country’s fourth republic, Ghana has not had a polygamous president, and identifying one wife as the First Lady could be challenged.

“Since practice, especially in the Fourth Republic, has it that the President also acknowledges his wife as the First Lady, it’s always the First Gentleman and the First Lady—the President and his wife. However, coming from the Fourth Republic governance system, we haven’t had a president who is polygamous. So as to whether to identify one wife as the First Lady will be challenged and controversial,” he said.

He added that customary law marriages are part of Ghana’s marriage system, so there could be a number of wives, but the president would have to identify one as the First Lady.

According to Antiedu, the law does not regulate who the President can designate as First Lady, and so he has total freedom to nominate anyone he desires. He explained that the law is silent on the matter, and the President is free to do whatever he wants.

“The law is kind of silent on that topic, but the practice has become one more of people under ordinance marriage, whereas with customary law he would have to choose one, and to that extent, there’s total freedom to nominate anybody and announce to the public that this is the First Lady. I’m sure that can even change down the line; in the course of time, someone else can take that role. So there should be that allowance for him to nominate another person as the First Lady,” he added.

The lawyer, however, stressed that a Ghanaian president will be mindful of cultural settings and moral obligations before making any engagements known.

“We are naturally and obviously mindful of our cultural settings and how we admire positive or lawful engagement. Politically, it will influence the person to normalize it before announcing it to the public. Technically, once the law does not regulate, you’re free to announce anybody as First Lady,” he added.