Supreme Court nominee Justice Sir Dennis Dominic Adjei has called for the abolition of the mandatory death penalty in Ghana’s legal system. He argues that judges should have the discretion to impose alternative sentences in capital cases. During his vetting before Parliament’s Appointments Committee on Monday, June 16, Justice Adjei stated that the automatic imposition of the death penalty violates both the right to life and Ghana’s international obligations under human rights law.
“I believe that the mandatory imposition of the death penalty is wrong,” he said. “If a person goes to court and faces the possibility of a death sentence, we must first respect the value of life. The judge who hears the case should have the discretion to either impose a lengthy prison sentence or the death penalty.”
Justice Adjei specifically cited offences such as treason, high treason, and certain military crimes under the Armed Forces Act (Act 105), which currently carry mandatory death sentences upon conviction. He warned that this legal framework places Ghana at odds with Article 4 of the African Charter on Human and Peoples’ Rights, which guarantees the right to life. “Ghana is a signatory to the African Charter, and Article 4 provides that you must respect life,” he said. “The African Court has variously held that any decision by any country that does not give a judge discretion in the imposition of the death sentence is in violation of Article 4.”
Justice Adjei, drawing from his experience as a judge on the African Court on Human and Peoples’ Rights, highlighted several rulings against countries like Tanzania and Benin, where the court deemed mandatory death sentences unlawful. He warned that Ghana could face similar legal challenges if it does not reform its laws. “If cases from Ghana are brought before the court, we will face the same outcome. We are likely to lose,” he cautioned. His comments reflect the ongoing concerns of human rights advocates and legal experts who have called for the repeal of laws that impose capital punishment without allowing for judicial discretion.
By: Jonathan Adjei
