Justice Adjei Calls for Abolition of Mandatory Death Penalty
Justice Adjei emphasizes need for judicial discretion to uphold human rights in capital cases
- Justice Adjei opposes the mandatory death penalty and supports judicial discretion in sentencing
- He warns current laws violate Ghana’s human rights obligations under the African Charter
- Ghana risks legal challenges at the African Court if it does not reform mandatory death sentence laws
Supreme Court nominee Justice Sir Dennis Dominic Adjei has strongly advocated for the elimination of the mandatory death penalty from Ghana’s legal system.
During his vetting by Parliament’s Appointments Committee on Monday, June 16, he stressed the need to grant judges the authority to consider alternative punishments in capital cases.
Justice Adjei argued that the current system, which automatically imposes the death penalty for certain crimes, undermines the fundamental right to life and breaches Ghana’s international human rights commitments.
“I firmly believe that the automatic imposition of the death penalty is unjust,” he stated. “When someone is convicted, respect for life must come first. Judges should have the power to decide whether to impose a prison term or a death sentence based on the specifics of the case.”
He cited crimes like treason, high treason, and specific military offenses under the Armed Forces Act (Act 105) that currently carry automatic death penalties. According to him, this legal stance is incompatible with Article 4 of the African Charter on Human and Peoples’ Rights, which Ghana has ratified and which upholds the sanctity of life.
“As a signatory to the African Charter, Ghana is expected to uphold the right to life,” Justice Adjei said, referencing decisions by the African Court on Human and Peoples’ Rights. He noted that the court had ruled against countries such as Tanzania and Benin for maintaining mandatory death penalties, and warned that Ghana could face similar legal consequences if reforms are not made.
“If such cases were brought against Ghana, we would lose,” he cautioned.
His comments reinforce the ongoing push from legal and human rights advocates to revise laws that mandate capital punishment without judicial discretion.
