With the passage of this bill, Ghana takes a significant stride towards building a more compassionate and humane justice system, focusing on the principles of rehabilitation and restorative justice.
In a historic move, Ghanaian Parliament has approved the Criminal Offences (Amendment) Bill 2022, effectively abolishing the death penalty from the country's statute books.
The passing of this bill marks a significant step towards reforming the nation's criminal justice system, with an aim to align with global trends and human rights standards.
Initiated as a Private Members’ Bill by the National Democratic Congress (NDC) Member of Parliament (MP) for Madina, Francis-Xavier Sosu, the proposed legislation seeks to replace the death penalty with life imprisonment for specified offenses. Upon President Nana Addo Dankwa Akufo-Addo's assent, Ghana will join the ranks of countries that have moved away from capital punishment.
The Speaker of Parliament, Alban Kingsford Bagbin, referred the bill to the Committee on Constitution, Legal and Parliamentary Affairs for review.
After thorough consideration and a report presented by the committee, the bill received widespread support from several legislators, including the NDC MP for Akatsi South, Bernard Ahiafor, the NDC MP for Bolgatanga East, Dr. Dominic Ayine, and the NDC MP for Builsa South, James Agalga.
The proposed amendment seeks to put an end to the death penalty, which is currently imposed for offenses such as murder, attempted murder, genocide, treason, high treason, piracy, and smuggling of gold or diamond.
Capital punishment, which can be carried out through hanging or shooting by firing squad, is rooted in the retributive theory of punishment – an "eye for an eye" approach to justice.
In his argument, Mr. Sosu highlighted that out of approximately 56 Commonwealth countries, only seven still retain the death penalty, and Ghana's last execution occurred in 1993.
With a strong consensus among political, religious, and judicial stakeholders in support of abolition, it is now time for Ghana to realign its laws with its practices, Mr. Sosu asserted.
Supporting the bill, Mr. Ahiafor emphasized that the loss of life through the death penalty cannot be reversed, making it crucial for Ghana to comply with international human rights treaties and conventions advocating for abolition.
He cited a judicial principle that underscores the importance of prioritizing the release of innocent individuals rather than convicting one innocent person.
On the other hand, some members, such as Mr. Cletus Avoka, expressed opposing views, arguing that the arguments in favor of abolition overlooked the trauma and suffering experienced by victims and their families. They advocated for retaining the death penalty as a deterrent measure in Ghana's society.
With the passage of this bill, Ghana takes a significant stride towards building a more compassionate and humane justice system, focusing on the principles of rehabilitation and restorative justice.
The abolition of the death penalty sends a strong message about the country's commitment to respecting human rights and evolving with the changing global landscape of criminal justice.
Once the President gives his assent, the law will bring about a transformative change in the nation's approach to administering justice, paving the way for a more just and equitable society.
Source: Tellusghana || Naa Lamley
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