Supreme Court nominee Justice Sir Dennis Dominic Adjei has urged the abolition of Ghana’s mandatory death penalty, arguing that it infringes on the fundamental right to life and breaches international human rights obligations.
Appearing before Parliament’s Appointments Committee on Monday, Justice Adjei called for reforms that would grant judges the discretion to impose alternative sentences in capital cases, rather than being compelled to issue the death penalty.
“I believe the automatic imposition of the death sentence is wrong,” he stated. “When someone is convicted of a capital offence, we must first and foremost respect life. The presiding judge should have the discretion to impose a sentence based on the circumstances—whether that means a lengthy prison term or, where necessary, the death penalty.”
Justice Adjei pointed to crimes such as treason, high treason, and certain provisions under the Armed Forces Act (Act 105), where the law currently mandates the death penalty upon conviction.
He emphasized that such a rigid legal framework conflicts with Ghana’s commitments under the African Charter on Human and Peoples’ Rights—specifically Article 4, which guarantees the right to life.
“Ghana is a signatory to the African Charter, and Article 4 clearly states that life must be respected,” he said. “The African Court has consistently ruled that any law denying judges the discretion in death penalty cases violates this provision.”
Drawing from his experience on the African Court on Human and Peoples’ Rights, Justice Adjei cited precedents involving countries like Tanzania and Benin, where mandatory death sentences were deemed incompatible with international human rights standards.
He warned that Ghana could face similar legal consequences if reforms are not enacted.
“If a case from Ghana comes before the African Court, we are likely to lose,” he cautioned. “We must act before that happens.”
