Accra: Justice Sir Dennis Dominic Adjei, a nominee to the Supreme Court, has called for the abolition of the mandatory death penalty in Ghana. He argues for granting judges the discretion to impose alternative sentences in capital punishment cases, instead of the mandatory death penalty currently prescribed by law for certain offences.
According to Ghana News Agency, Justice Adjei mentioned that offences such as treason, high treason, and specific provisions of the Armed Forces Act mandate the death penalty upon conviction. He expressed his belief that this automatic imposition violates the fundamental right to life and places Ghana in breach of its international human rights commitments. During his vetting by Parliament's Appointments Committee, Justice Adjei emphasized that judges should have the discretion to impose either long prison terms or the death sentence.
Justice Adjei noted Ghana's obligations under Article 4 of the African Charter on Human and Peoples' Rights, which upholds the sanctity of life. He highlighted that the African Court has consistently ruled against countries that do not allow judicial discretion in imposing the death penalty. Drawing from his experience at the African Court on Human and Peoples' Rights, he cited rulings against Tanzania and Benin, where mandatory death penalties were found to violate human rights law. He warned that Ghana could face similar legal setbacks if reforms are not implemented.
Addressing other legal issues, Justice Adjei criticized the outdated cultural practice of accusing individuals of witchcraft, noting that only Tanzania has witchcraft legislated in its laws, which the African Human Rights Court condemns. He also pointed out a constitutional gap in Ghana's laws regarding marriage and sex, where individuals can engage in consensual sex at 16 but cannot marry until 18. He advocated for aligning the legal age for marriage and consensual sex at 18, suggesting that young people should be encouraged to pursue education or vocational training before marriage.
