Professor Maame A.S. Mensa-Bonsu holds a BA in Theatre Arts and Spanish; and an LLB, both with First Class Honours, from the University of Ghana. She completed the Bachelor of Civil Law with distinction and her DPhil without corrections both at the University of Oxford, UK. Maame joined Ashesi from the LSE where she taught Public Law and Criminal Law. Maame’s research focuses on the constitutional experience of African democracies. She has a particular interest is judicial power in postcolonial African states.
On International Women’s Day, we pause to truly focus on the state of women around the world. It is a moment of celebration for sure. But it is also a moment of deep contemplation. I will tell you three anecdotes. Then we will celebrate the distance run through the work of our predecessors, reflect on what injustices remain in the lived experience of women, and introspect on how we individually make the journey of girls and women harder.
On my first visit to Lancaster in 2015, I was given a tour, and one of the historical sites pointed out to me was a spot in a 19th-century marketplace, where a man brought his wife, halter around her neck, leash attached, and sold her for £2 for being a nag. After about a month, we were told, he missed her and so went and bought her back. In 2016, we took a family road trip to Benin, and one day we were pulled over by a gendarme who wanted a bribe. My husband was sitting in front with the driver, and I was in the back with our sons. I rolled down my window, greeted him, and asked if there was a problem. He told me, sharply, to be quiet and that he was speaking to the men. When there are men present, he scolded me, women should not speak. I promptly kept quiet, knowing that I was the only person in the vehicle who spoke French. After he tried futilely to communicate with my husband, he turned to me. But I refused to utter a single word. Finally, he gave up and let us drive off. One evening in 2024, while I was guest lecturing for a semester at GIMPA, I sought admittance through the staff-only back gate. The security man asked me a number of questions and then asked for my name. I answered ‘Prof. Mensa-Bonsu.’ The guard let out a vastly amused snort, said, ‘a woman taking professor?!’, and burst into laughter. Still chortling, he sauntered off and opened the gate.
The comical twist at the end of all three anecdotes makes them good dinner party stories. But after the chuckles die down, one is struck, (I hope) by what they betray of life as a woman. Two hundred or so years ago, English men could sell their wives. Imagine the total helplessness of a woman of that age- to be another’s property, as easily tradeable as a donkey or a chair. What a sad state to live in. The condition of women has come a long way since then. In many countries, women are no longer chattel. The common law doctrine of ‘coverture’, and its civil law equivalent, under which a married woman was ‘covered’, i.e., absorbed by her husband, has ceased to apply in very many places. Married women now can own property, take jobs without their husband’s permission, and have a vote.
Here in Ghana, the courts’ jurisprudence has moved from the 1959 decision in Quartey v Martey, where a woman was held to be duty-bound to help her husband excel in his station of life, and in return was entitled to the use of that which the said man considered suitable for his wife; only for as long as she was his wife. On divorce or widowhood, therefore, she was to return to her people as she came. Our Constitution now entitles each spouse to an equitable share of property jointly acquired during marriage, and the courts have said they will accept the performance of family duties as a contribution towards property. That is nice. But in practice, the majority of women are in no better place for it. For how does one distinguish a mother’s own parenting and homemaking duties from parenting and homemaking duties that amount to sweat equity in property?




