The cross-examination of Ernestina Fosuh, the elder sister of highlife musician Charles Kwadwo Fosuh, had to be suspended when the witness broke down in tears at the Kumasi High Court.

The trial judge, Justice Dorinda Smith-Arthur, requested the witness, also known as Akosua Brempomaah, to take some water to stay calm.

It followed a question by counsel for the second defendant in the case in which Akosua Serwaa Fosuh is seeking the court’s order to declare her the legal wife of the late Daddy Lumba and the one entitled to perform widowhood rites.

The lawyer for Priscilla Ofori, also known as Odo Broni, quizzed Madam Brempomaah, who had earlier told the court her late brother confided in her about 'almost everything,' about whether she got to know why Daddy Lumba named his first son with Akosua Serwaa Fosuh, Calvyn Schindler, and not after himself or any other family member.

When cross-examination resumed, Madam Ernestina Fosuh told the court her brother, Charles Kwadwo Fosuh, known in showbiz as Daddy Lumba, relocated to Ghana from his German base in 2013, and anytime she visited Ghana every six months, she would lodge at the musician’s Tantra Hills residence.

According to her, she met the second defendant, Odo Broni, for the first time when the latter gave birth to her son, Junior.

She said she got to know the late musician, and Priscilla Ofori had a second child five months later.

That child, she told the court, was named after her late mother, Amma Saah.

Asked if her mom got to see the child named after her, she answered in the negative, adding that this December will mark 24 years since her mum’s passing.

According to her, she has been playing the role of a mother to represent her late mum at all times as the eldest child.

Ernestina Fosuh, aka Akosua Brempomaah

She told the court that Daddy Lumba also took her as a mother at all times.

When defence counsel asked if she was aware that Daddy Lumba and Odo Broni lost one of their children, she answered in the affirmative.

She added the musician, and Odo Broni had three children at his brother’s Tantra Hill home and registered another three at his East Legon residence.

But two critical issues remained on the table: whether the late musician performed in-law funeral rites at Akosua Serwaa’s mum’s funeral and whether or not the musician and Akosua Serwaa were married before the highlife icon’s demise.

Akosua Brempomaah will not agree to the defence counsel’s suggestions that his late brother did not perform “Nseyie” when Akosua Serwaa’s mother died.

She told the court that her brother and some family members attended the funeral, an event she has videos to prove.

Responding to suggestions of defence counsel that the couple’s marriage collapsed before the death of the highlife legend and that Serwaa returned “Ti Nsa” (head drink), she said that was not true.

According to her, she would have been informed first by her brother, adding that the marriage is still active, which is the reason Akosua Serwaa Fosuh still has health insurance (krankenversicherung) and labour cards reserved for married couples.

Counsel for Odo Broni sought to understand if the witness, Ernestina Fosu, had ever recognized Priscilla Ofori as a sister-in-law before, but the latter denied ever giving her that recognition.

He suggested to the witness that even before the death of Daddy Lumba, she knew and accepted Odo Broni as the lawful wife of her late brother.

The witness, however, denies this.

Counsel then brings the court’s attention to an audio and prays it is adopted into evidence.  This is a recorded phone conversation between the witness, Ernestina Fosuh, also known as Akosua Brempomaah and Odo Broni.

Madam Brempomaah is heard referring to Odo Broni as “akumaa papabi” in Twi, to wit, best sister-in-law.

Asked if she could confirm the audio is hers, she said it looks like her voice.

Meanwhile, the hearing is adjourned to Friday after the court heard testimony from Osei Bonsu Kantanka, who was subpoenaed from the Manhyia Palace to testify on Asante customs, traditions, and culture, especially on customary marriage and funeral rites.