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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According to her, to sentence a person to death by hanging is inhumane.

Her comment comes after six individuals were found guilty of conspiring to commit high treason and committing high treason.

They were sentenced to death by hanging on Wednesday January 24, 2024.

Reacting to this in an interview on TV3, Nana Yaa argued that, the country must find other forms of the death penalty such as an electric chair or a lethal injection rather than death by hanging.

“It’s not humane, if they want to keep the death penalty at least they should die in some form of dignity. Hanging is not a very pleasant way to go to heaven or hell. Why can’t the national get an electric chair or lethal injection? I know most people on death row are not even killed but conditions in the prison are bad,” she said.

Nana Yaa further highlighted how saddened she is that a woman, Warrant Officer Class Two Esther Saan Dekuwine was among the accused.

“I was disturbed in the night especially when I saw the woman among them. I wanted women to petition the President so that they should be exempted from the penalty. It came as a shock to me, Women normally don’t get involved in these things. I later found out she was highly involved in the matter, how they were manufacturing bombs and stocking guns and that she was going to be the chief of staff,” she mentioned.

Other accused persons were Dr. Mac Palm (now deceased), Donya Kafui alias Ezor, Bright Allan Debrah Ofosu, Yohannes Zikpi, Corporal Seidu Abubakar, Lance Corporal Ali Solomon, and Corporal Sylvester Akanpewon.

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The six individuals accused of being part of a coup plot were on Wednesday, January 24, found guilty of conspiring to commit high treason and committing high treason and sentenced to death by hanging.

However, Mr Sosu said the verdict was disheartening because the world has advanced, and sentencing convicts to death by hanging is considered archaic.

Speaking on Joy FM’s Newsnight on January 24, 2024, he said “Honestly, it is quite disappointing that in this day and age, despite all the gains Ghana has made internationally with respect to the abolition of the death penalty, we will still be having a sentence of death by hanging.

“It is a bit retrogressive and it flies in the face of the human rights records or the human rights progress we have achieved as a people.”

Mr Sosu emphasised that it was high time the country considered reviewing the law. “I believe that this is the time for us to have a deeper reflection and do a sober reflection as a people, rethink the use of the death penalty.

“As you are aware, when you look at the campaigns that we have done over the years from either the judiciary, the Police Service, Prison authorities, everyone is of the view that we need to replace the law on death penalty with life imprisonment,” he added.

He explained that despite the calls for an amendment, that has not yet been done for which reason the court can still impose death by hanging, although Ghana has not executed anyone in many years.

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In a petition dated October 11, the MP said the President is granted such powers under Article 72 of the 1992 Constitution.

He added that, his petition follows the “passage and assent of Private Member’s Bills to amend the Criminal and Other Offences Act, 1960 (Act 29) and Armed Forces Act, 1962 (Act 105) to substitute life imprisonment for the death penalty.”

The lawmaker said if his request is granted, President Akufo-Addo will “entrench his legacy.

Below is the petition:

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In his view, the death penalty for any criminal was no punishment but only meant that was how the person was destined to die.

“The death penalty is not a punishment because we all will die and we have a way it will happen. So death sentence will mean that is how you will die. Something will definitely kill every human,” he said on Asempa FM’s Ekosii Sen.

Mr Sarpong indicated life imprisonment was the worst punishment than the death penalty, adding people go through difficult circumstances and learn lessons.

“Punishment is when your freedom is taken from you. When you are jailed for life, you see the importance of freedom because not everyone is destined to go to prison. Why do you think people ask for parole if the prison is a good place?” he quizzed.

Parliament has officially repealed the death penalty from Ghana’s statute books after parliament approved an amendment to the Criminal and Other Offences Act.

The amendment bill, which was sponsored by Madina MP Francis Xavier Sosu, is subject to the president’s assent.

The development, however, has been greeted with mixed opinions.

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Chairman Agyemang-Boateng on Asempa FM’s Ekosii Sen said he was worried about the repeal.

“What happens to the criminals who kill people? They attack innocent people then when you get them, you talk about amnesty and expect that they go to prison and reform when lives have been lost? I just wish the President will not assent to it,” he said.

The death penalty was on Tuesday officially repealed from Ghana’s statute books after parliament approved an amendment to the Criminal and Other Offences Act.

The amendment bill was sponsored by Madina MP Francis Xavier Sosu, pending the president’s assent.

However, many including MPs have expressed varied opinions on the matter, with some in support of the repeal while others have vehemently expressed their disapproval.

In the former Chairman’s view, the repeal should have been done based on statistics and not just emotional appeals.

“This repeal will not help us because these criminals will go to prison and we will have to use taxpayers’ money to feed them. Some of them are not even afraid to go back to prison so it will not help us.

“The fact that they are in prison and no president has given assent to their sentence doesn’t mean it is not helping us. We need to reconsider this debate and reform the laws,” he added.

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In a statement released on Wednesday, July 26, 2023, the Executive Director of Accra Human Rights Forum International, Kwabena Brakopowers, said “although long-awaited, the abolishment of the death penalty is a clear demonstration of the readiness and willingness of Members of Parliament to drive reforms in the country’s criminal justice system.

“We are convinced the death penalty is not a good example of blind justice in that often the poor are disproportionately affected by it as noted by the United Nations and other credible institutions.

“Although the death penalty may be targeted at punishing serious offenses or crimes such as murder, there are reports to the effect that some governments are using this form of punishment as a tool to suppress opposition voices,” the statement read.

The death penalty has been in Ghana’s penal code since 1960, with the enactment of the Criminal Code.

Under the Criminal and Offenses Act, 1960 (Act 29) as amended, the death penalty is provided for as a punishment in cases of serious crimes against the person, and specified crimes against state security.

Since 1993, no one has been executed in the country through the death penalty although over 176 people were reported to be on death row as of 2022.

There had been several calls from Civil Society organizations for Ghanaian lawmakers to abolish the death penalty from the country’s criminal law books.

Some 63 years after it was introduced, Ghana’s Parliament has finally abolished the death penalty as the punishment for capital offenses and other serious crimes.

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The National Democratic Congress (NDC) MP said though no president since the Fourth Republic has ever signed for the execution of persons on such a roll, the existence of such law served as deterrence to others.  

According to him, presidents who failed to sign for the execution of convicted killers ought to have been compelled to do their job as presidents. 

Speaking on JoyNews AM Show, Mr Dapilah said the law did not cost anything to the state being on its statutes. 

“I’m not happy. It should have remained and the reason for the proponents of the abolishing of the death penalty is that no president since the Fourth Republic has signed for anyone to be executed and that is why we should have stood up to any president that if you know you can’t do your work which you have sworn an oath and if somebody is being sentenced to death, you are supposed to sign and must sign.

“I can tell you that the law being on our books does not cost anything. It doesn’t eat anything. I can tell you it deters people and now we have lost that deterrence and we shouldn’t be surprised we see people killing others anyhow knowing that they will be in prison for life and the government will feed me,” he lamented.

The death penalty has officially been repealed from Ghana’s statute books after parliament approved an amendment to the Criminal and Other Offences Act.

The amendment bill, sponsored by Madina MP Francis Xavier Sosu, was passed on Tuesday, July 25, 2023, waiting the president’s assent.

However, following the repeal many MPs have expressed varied opinions on the matter, with some in support of the repeal while others have vehemently expressed their disapproval. 

According to him, in countries where the death penalty is an active component of their legal jurisprudence, the capital punishment is used to silence political opponents, activists and other dissidents.

He noted that just because Ghana has not activated the death penalty in 30 years does not mean the death penalty may never be used, thus, to prevent any future eventualities the law must be revoked.

Citing statistics on Ghana’s use of the death penalty, he stated that Ghana has only activated the death penalty during military regimes and never during civil regimes thus evidencing the country’s aversion towards the law.

Speaking on JoyNews’ PM Express, he said, “Since independence, when you check the statistic in Ghana, since independence until the 1992 constitution, Ghana has executed 37 people including a head of state. And when you check the 37 people who were killed it was mostly during military regimes.

“In all civil regimes, the need for the use of the death penalty has never been invoked as much as it has been used during military regimes. And the very last time there was an execution in Ghana which was 17^th July 1993, and since that time within this fourth republic no government has ever been able to use the death penalty.

“What I’m saying is that the death penalty generally for the countries you mentioned where they’re used, they’re mostly weaponised tools for political vindictiveness,” he said.

He noted that to avoid situations as has happened in Myanmar, where the death penalty which had been dormant for 42 years was activated following a military takeover, the law should be repealed now.

“In fact you can check it, recently, you know Myanmar, they kept those laws on their statute books for 42 years they never used the death penalty but just last year when there was a military takeover in Myanmar four of the leaders were killed including activists.

“And that’s why in Burkina Faso when there was a coup, recently there were two coups in Burkina Faso, you know why they could not activate death penalty provisions in 2022? Because in 2018 they had abolished the death penalty.”

CHRAJ intends to organize public events to advocate for support for the removal of the death penalty from the constitution.

The legal body proposes a life sentence as a replacement for the death penalty as the Criminal Offences Act 1960 (Act 29) and Armed Forces Act 1962 (Act 105) infringe on the right to life and dignity.

Commissioner of CHRAJ, Mr. Joseph Whittal, and Amnesty International Ghana have had discussions on how the death penalty can be abolished from Ghana. Deputy Commissioner of CHRAJ, Mr. Richard Quayson also had discussions with Amnesty International on what goal they intend to achieve by the abolition of the law.

Amnesty International Ghana and 27 shareholders are preparing to submit a memorandum in support of the Private Members Bill before parliament towards the abolishment of the death penalty sentence.

Head of the Amnesty International delegation, Miss Berlinda Asamayuah has asked for the support of the President, speaker of parliament, religious bodies and civil societies to support and help abolish the law.

CHRAJ is a legal body with the basic obligation of protecting the rights and freedom of all Ghanaians.

Addressing the leadership of the International Human Rights Organisation, Amnesty International who paid a courtesy call on him at the Jubilee House on Friday, President Akufo-Addo said the petition must not be driven by the whims of Parliamentarians but must go on a free vote.

“The Interior Minister and Ghana Security Agencies are going to put their heads around the idea and bring some suggestions to us at Cabinet for decision.

“And even when it goes to Parliament, it shouldn’t go as a party issue with party whips. It should go on a free vote so that people can express their views,” he said.

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So far 88 countries have abolished the death penalty but Ghana is yet to follow suit. This is because the provision is an entrenched clause in the 1992 constitution which will require a referendum before it can be amended.

Amnesty International for some time now, has collated signatures of over 11,000 Ghanaians who are demanding the abolishment of the death penalty.

The President observed that numerous Ghanaians are not calling for the abolishment because there has not been any execution in the country for a long time, however, he acknowledged that an abolishment will be the right thing to do.

He further described the overcrowding situation of the country’s prisons as unacceptable and promised that plans are underway to address the problem.

“Conditions in our prisons for some time have been unacceptable. I recognize that the building of more prisons is the solution. But it always goes back to the situation of the treasury and what is available but never the less it is something that has to be addressed,” he said.

On his part, Martin Kpebu, a member of the organisation noted that the solitary confinement of the prisoners on death roll should be reconsidered.

“Per our calculation, if we amend the five sections in Act 29, we will get at least over 95% abolishing of the death penalty.

“As we know, for a long time now Ghana has not executed persons on death roll but your Excellency, the conditions like solitary confinement is practically mental torture. I have been to Nsawam a couple of times and it is not a good sight to behold, that is why we are pleading with you [to amend it],” he indicated.