Supreme Court nominee, Justice Sir Dennis Dominic Adjei, has called for the abolition of the mandatory death penalty in Ghana’s legal system, arguing that judges must be given the discretion to impose alternative sentences in capital cases.
Speaking during his vetting before Parliament’s Appointments Committee on Monday, June 16, Justice Adjei asserted that the blanket imposition of the death sentence violates both the right to life and Ghana’s international obligations under human rights law.
“I agree that the mandatory imposition of the death sentence is wrong,” he said. “If a person goes to court and is to be convicted and suffer death, first and foremost, we must respect life. The judge who heard the matter should have the discretion—either to give a number of years or impose the death sentence.”
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.”
Drawing from his experience as a judge on the African Court on Human and Peoples’ Rights, Justice Adjei referenced several rulings against countries such as Tanzania and Benin, where the court found mandatory death sentences to be unlawful. He cautioned that Ghana risks facing similar legal defeats if it does not reform its laws.
“If cases from Ghana happen to go before the court, we are going to face the same fate. We are going to lose,” he warned.
His remarks echo longstanding concerns by human rights advocates and legal experts who have argued for the repeal of laws that impose capital punishment without judicial discretion.