Amidst the legal dispute surrounding the funeral of the late Founder and General Overseer of the Resurrection Power New Generation Church, Rev. Anthony Kwadwo Boakye, lawyer Anokye Frimpong has provided insight into the constitutional context relevant to the ongoing controversy.
The funeral arrangements for Rev. Boakye have been entangled with two court injunctions, prompting lawyer Anokye Frimpong to clarify the rights and responsibilities pertaining to such ceremonies.
In an interview on Angel News on August 3, 2023, he explained that the constitution specifies that only the family head of the deceased has the authority to decide the guest list and make all funeral arrangements.
He emphasized that the late pastor’s wife and children do not have any decision-making power in the arrangements, as that responsibility solely lies with the family head.
He further clarified that once a person passes away, their possessions and funeral arrangements become the responsibility of the family, and it is the family head who takes charge of such matters.
“If someone dies, the moment the person is no more, all his properties no longer belong to him, even though they used to be his/hers when he/she was alive.
“So, we don’t say, ‘like the late Kwadwo Mensah’s properties,’ but we say, ‘the late Kwadwo Mensah’s estate.’ Similarly, when someone dies, their body, funeral, or place of burial is not the responsibility of the wife or the children.
“When someone dies, their body, funeral, and everything related to them belongs to the family, specifically the head of the family (Abusuapanyin, who is in charge), and not to the wife or children.
“This kind of case has been to court thousands of times all around the world. There is a common principle we all follow called common law,” he said.
The attorney continued by saying that any “death wish” or instructions provided by the deceased regarding his funeral arrangements or inheritance are not enforceable legally since such power belongs to the family head and key figures in the extended family system.
“So sometimes, you hear people saying that the deceased person instructed not to be buried here or there, or that certain people shouldn’t attend their funeral, we call these things a ‘death wish.’ People used to say that when they die, a certain person should inherit their belongings. All these statements are considered a death wish. According to the law, nobody can appoint their successor after their death, and nobody can dictate who should or shouldn’t attend their funeral.
“Only the family head and the principal members of the family are the ones to decide who should come to the funeral or not. The reality is that only one person can decide anything about a deceased person, and that person is the family head of the deceased (Abusuapanyin).”
He added “The kind of family I am talking about is the extended family system, not the nuclear family. I mean the family to which the late Reverend or the wife belonged before they married; the family that escorted him to the lady’s place to go and marry her. That is the family I am talking about, so the family head of that family is the only person who can decide in this case. And if it was the death of the woman, her family to which she belonged before her marriage, the family head is the one who can decide.
“The children are not part of the said family, and the wife is not part either.”
A High Court has issued an injunction on the funeral of Rev. Anthony Kwadwo Boakye. The funeral, originally scheduled for Saturday, August 5, 2023, was halted by the court following a request for interpretation from Margaret Boakye, the widow of the late pastor.
Rev. Anthony Boakye passed away on Tuesday, February 21, 2023, after a prolonged illness, which led to conflicts between his widow, his family, and his church.
During the One-Week Ceremony of the late pastor at the church premises, an issue arose when his widow was prevented from attending. In response, the widow filed a writ at the Kumasi High Court, seeking, among other things, an injunction on the funeral scheduled for August 5.
She also sought the court’s validation of her marriage to the late pastor, claiming that she should be granted the right to perform all the widowhood rights in accordance with traditions.
In addition to the widow’s injunction, the funeral has been further halted by an interlocutory injunction. This decision was documented by the court after the involved parties, including the church, some family members of the late pastor, and the late pastor’s children, filed appearances in the case on Thursday, August 3, 2023.