Justice Dennis Adjei urges abolition of mandatory death penalty in Ghana
Supreme Court nominee, Justice Sir Dennis Dominic Adjei has called for the abolition of the mandatory death penalty in Ghana’s legal system, advocating for greater judicial discretion in capital cases.
Appearing before Parliament’s Appointments Committee on Monday, June 16, Justice Adjei argued that the automatic imposition of the death sentence violates fundamental human rights and places Ghana in breach of its international obligations.
“I agree that the mandatory imposition of the death sentence is wrong,” he said. “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 a number of years or impose the death sentence,” he said.
Justice Adjei pointed to crimes such as treason, high treason, and certain military offences under the Armed Forces Act (Act 105), which currently mandate the death penalty upon conviction.
He warned that this legal framework contradicts Article 4 of the African Charter on Human and Peoples’ Rights, which guarantees the right to life, a principle Ghana is bound to uphold as a signatory.
“Ghana is a signatory to the African Charter, and Article 4 provides that you must respect life,” he said. “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 from his tenure as a judge on the African Court on Human and Peoples’ Rights, Justice Adjei cited cases involving Tanzania and Benin, where mandatory death sentences were ruled unlawful. He cautioned that Ghana could face similar legal setbacks if reforms are not made.
“If cases from Ghana happen to go before the court, we are going to face the same fate. We are going to lose,” he warned.
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