Supreme Court nominee, Justice Sir Dennis Dominic Adjei, has urged the abolition of the mandatory death penalty in Ghana, arguing that judges should be granted the discretion to impose alternative sentences in capital cases.
Appearing before Parliament’s Appointments Committee on Monday, 16 June, Justice Adjei contended that the automatic imposition of the death penalty violates the fundamental right to life and places Ghana in breach of its international human rights commitments.
“I agree that the mandatory imposition of the death sentence is wrong,” he stated.
“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 several years or impose the death sentence.”
He pointed to offences such as treason, high treason, and certain provisions of the Armed Forces Act (Act 105), which currently prescribe the death penalty upon conviction.
Justice Adjei noted that this rigid approach undermines Ghana’s obligations under Article 4 of the African Charter on Human and Peoples’ Rights, which upholds the sanctity of life.
“Ghana is a signatory to the African Charter, and Article 4 provides that you must respect life,” he emphasised.
“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 on his tenure at the African Court on Human and Peoples’ Rights, Justice Adjei referenced landmark rulings against countries such as Tanzania and Benin, where mandatory death penalties were declared incompatible with human rights law.
He warned that Ghana could face similar legal setbacks if reforms are not implemented.
“If cases from Ghana happen to go before the court, we are going to face the same fate. We are going to lose,” he cautioned.
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