Ghana’s abolition of the death penalty for ordinary crimes, through amendments to the Criminal Offences Act and Armed Forces Act in 2023, was celebrated as a significant milestone. However, according to Justice Dennis Dominic Adjei, Ghana’s representative on the African Court, the death penalty still applies for treason, high treason, and military offences under the Armed Forces Act.
Justice Adjei emphasized that while public perception suggests the penalty has been fully abolished, the constitution and military laws retain mandatory death sentences. He raised questions about why the military retains such powers when civilian courts no longer impose the death penalty.
Under the African Charter on Human and Peoples’ Rights, which Ghana has ratified, mandatory death sentences violate provisions protecting the right to life and prohibiting inhuman treatment. Justice Adjei highlighted the African Court’s stance that such penalties should allow judicial discretion, advocating for sentencing alternatives like life imprisonment.
The issue underscores Ghana’s need to align its laws fully with international human rights treaties, ensuring no part of its judicial or military systems contradicts commitments to preserving life. While the African Court strives for compliance, enforcement remains a challenge, as decisions often face resistance from member states.
Justice Adjei called for continued dialogue on abolishing the death penalty entirely in Ghana, urging greater awareness and advocacy to uphold human rights in all aspects of the justice system.