Supreme Court nominee, Justice Sir Dennis Dominic Adjei, has called for the abolition of the mandatory death penalty in Ghana.
He argued that the mandatory death sentence undermines the fundamental right to life and places Ghana in violation of its international human rights obligations.
Appearing before the Appointments Committee on Monday, he advocated for judicial discretion in capital cases, allowing judges to impose alternative sentences where appropriate.
“I agree that the mandatory imposition of the death sentence is wrong. 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 stated.
He referenced offences such as treason, high treason, and specific sections of the Armed Forces Act (Act 105), which currently mandate the death penalty upon conviction.
Justice Adjei emphasised that this rigid stance contradicts Ghana’s commitments under Article 4 of the African Charter on Human and Peoples’ Rights, which affirms the sanctity of life.
“Ghana is a signatory to the African Charter, and Article 4 provides that you must respect life,” he noted.
“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.”
Reflecting on his tenure at the African Court on Human and Peoples’ Rights, Justice Adjei cited landmark rulings against countries like 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.
“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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