Republic of Ghana (Ghana).

Africa (Western Africa).

English.

24,000,000 (2011 est.).

Abolitionist de facto.

The last execution carried out in Ghana was in 1993.

1993.

Hanging.

The Criminal Procedural Code states that hanging may be used as a method of execution.

Shooting.

Firing Squad. The last execution to occur in Ghana in 1993 employed a firing squad.

172.

At the end of 2018, 172 individuals were on Ghana’s death row. This represents an increase over previous years, up from 137 by the end of 2015, 148 by the end of 2016, and 160 by the end of 2017.

(This question was last updated on May 29, 2019.).

While no executions have been carried out since 1993, we found no reports of an official moratorium. Nevertheless, in practice death row inmates reportedly have their death sentences commuted to life imprisonment after they have served at least 10 years on death row. It is not clear, however, whether this practice is consistently followed.

A number of public officials support abolition, and the Constitution Review Commission recommended in December 2011 that the death penalty be abolished in the new constitution and replaced with life imprisonment without the posibility of parole. In a White Paper published in June 2012, the Government accepted the Commission’s recommendation that the death penalty be abolished.

The Ghanaian Constitution provides: “No person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offense under the laws of Ghana of which he has been convicted.” The Constitution also prescribes jury trials for capital cases, barring the sentence of death where a jury verdict is not unanimous, providing for similar procedures for a Regional Tribunal applying a sentence of death, and restricting the trial of treasonable offenses to a three-judge panel. The Constitution also describes mandatory clemency procedures for death-sentenced individuals.

Finally, the Constitution provides that persons under sentence of death cannot hold office in Parliament.

Murder.

A person who intentionally causes death by unlawful harm “shall be liable to suffer death.”

Treason.

The Constitution and Criminal Code list treason as punishable by death. The Constitution states that individuals who commit treason against the constitutional order “shall, upon conviction, be sentenced to suffer death.”

War Crimes, Crimes Against Humanity and Genocide.

Genocide is punished by death. Genocide includes the following acts committed with the intent of destroying in whole or in part a national, ethnic, racial or religious group: killing or causing serious mental or bodily harm to members of the group, inflicting conditions intended to destroy the group, imposing measures to end births in the group, or forcibly transferring children from that group to another group.

Other Offenses Not Resulting in Death.

Attempted murder:
- A person who, while under sentence of more than three years’ imprisonment, attempts murder, “shall be liable to suffer death.”
- A person who commits piracy aggravated by an assault with intent to murder, resulting in injury or an unlawful act endangering life, “shall be liable to suffer death.”

Smuggling: An individual concealing or carrying away from Ghana any gold or diamond without lawful authority or with the intent to evade any enactment concerning the export of gold or diamond “shall be liable on conviction to a sentence of death.”

Comments.

While many secondary sources list armed robbery as death-eligible, the 2003 amendments to the Criminal Code provide that aggravated robbery is punishable by 15 years’ imprisonment but not death.

Mandatory language (“shall, upon conviction, be sentenced to suffer death”) is used to set out the punishment for treason (in the constitution) and genocide. Moreover, in Johnson v. Republic, the Ghana Supreme Court upheld the mandatory death sentence for murder under Art. 46 of the Criminal Code, which provides that individuals convicted of murder “shall be liable to suffer death.”

Murder.

A conviction for murder leads to a mandatory death sentence.

Treason.

The Constitution provides the death penalty for treason against the constitutional order using mandatory language.

War Crimes, Crimes Against Humanity and Genocide.

Genocide includes the following acts committed with the intent of destroying in whole or in part a national, ethnic, racial or religious group: killing or causing serious mental or bodily harm to members of the group, inflicting conditions intended to destroy the group, imposing measures to end births in the group, or forcibly transferring children from that group to another group. The Criminal Code uses mandatory language to describe the penalty for genocide (a person convicted of genocide “shall on conviction be sentenced to death.”).

Individuals Below Age 18 at Time of Crime.

Ghana has signed and ratified ICCPR, the Convention on the Rights of the Child the African Charter on the Rights and Welfare of the Child, all of which prohibit the execution of individuals for crimes committed while under the age of 18. The Criminal Procedural Code of 1960 (Act 30) states that juveniles cannot be given the death penalty—although it defines these as individuals under the age of 17.

Pregnant Women.

Ghana has ratified the Protocol to the African Convention on Human and Peoples’ Rights on the Rights of Women in Africa, which prohibits the execution of pregnant women. The Criminal Procedure Code provides that when a woman is convicted of an offense punishable by death and is shown to be pregnant, the trial court (or Supreme Court) shall pass a sentence of life imprisonment.

Women With Small Children.

Ghana has ratified the Protocol to the African Convention on Human and Peoples’ Rights on the Rights of Women in Africa, which prohibits the execution of nursing mothers."

Intellectually Disabled.

The Criminal Code excludes from criminal responsibility individuals whose “idiocy” or “imbecility” affects their mental state severely enough that they would not understand the consequences of their actions. If a person “by reason of idiocy” is incapable of knowing that his act will cause death, that person shall not be subject to any punishment. It should be noted that in the recent Annotated code, not a single case entry was devoted to a discussion of the application of this article to intellectually disabled individuals.

Mentally Ill.

The Criminal Code excludes from criminal responsibility individuals whose “idiocy, imbecility, or any mental derangement or disease affecting the mind” affects their mental state severely enough that they would not understand the nature or consequences of their actions. Intoxication is also a defense if the individual was involuntarily intoxicated or intoxicated to the point of insanity. If a person in “a paroxysm of madness” is incapable of knowing that murder is a crime, or commits murder under the delusion that the victim is trying to kill him, that person shall not be subject to any punishment.

Comments.

No individuals have been executed since 1993.

In the case of Dexter Eddie Johnson v. The Republic, decided in March 2011 by the Supreme Court of Ghana, the defense raised a constitutional challenge against the mandatory death penalty applicable to murder. The Court declined to consider international and comparative law finding that the mandatory death penalty violated the prohibition on arbitrary death sentences, as well as the prohibition against cruel, inhuman or degrading treatment or punishment. Although it indicated it was sympathetic to these arguments, the Court held that the task of amending the application of the death penalty in Ghana belonged to the Parliament, not the courts. The Supreme Court confirmed that a sentence of death was mandatory upon a finding of guilt for murder.

The Constitution provides: “In the discharge of the obligations [to protect fundamental human rights and freedoms], the State shall be guided by international human rights instruments which recognize and apply particular categories of basic human rights to development processes.” This could be interpreted as requiring that Ghana’s criminal law conform to human rights agreements to which it is party.

Article 40 provides that Ghana will adhere to principles enshrined in a variety of international charters, treaties, and agreements when dealing with other nations, and this could sometimes have bearing on the rights of individuals.

In general, international and foreign law is often referenced by Ghanaian counsel in court according to staff from the Center for Public Interest Law (CEPIL) at Stanford. International treaties are not self-executing in Ghana, however, and so they do not become domestic law upon ratification in the absence of implementing legislation.

Ghana has not yet submitted its national report, due in 2001, which would allow for its review by the Committee.

Recommendations by the Working Group on the Universal Periodic Review for Ghana, which held its latest session in May 2008, included 5 recommendations regarding the death penalty. These recommendations, which were to adopt an official moratorium on the death penalty and to abolish the death penalty, received no comment from Ghana.

The Constitution provides for all persons facing trial to be provided with legal representation and an interpreter at the state’s expense. The Department of State has stated that generally this provision is obeyed, although bringing a case to trial often takes a long time. The government of Ghana reports that “[p]rivate practitioners have not been too enthusiastic in taking on legal aid cases.”

The Legal Aid Scheme was implemented to help indigent defendants receive legal help. The LAS addresses, among other issues, human rights violations and handles 6000-8000 cases annually. A Remand Review Project, and Legal Aid Board address the demand for assistance on remand and appeal. We do not know the extent to which these programs assist capital defendants or appellants, although the mandate of the Legal Aid Board is to assist in both civil and criminal matters.

NGOs assist in making legal assistance available. The government of Ghana reports that “[p]rivate practitioners have not been too enthusiastic in taking on legal aid cases.” This is confirmed by at least one lawyer practicing in Ghana. A Legal Aid Board receives many of its requests from prisoners wishing to appeal—many of whom may have paid their own costs at trial but run out of resources—and attempts to coordinate their representation.

We cannot determine the quality of legal aid in Ghana, once it is obtained. Although there are cases of capital murder defendants being acquitted of the charges (including in high-profile cases), in these cases the defense’s main accomplishment seems to have been in requiring the prosecution to offer evidence or witnesses which it did not have.

The Criminal Procedural Code states that upon being sentenced to death, the convicted individual is notified of his right to appeal and the period within which his appeal should be preferred. Our copy of that Code does not incorporate the 2002 Courts Act and does not clearly map the appeals procedure for capital cases, which (reportedly) must originate in the High Court, not a lesser court. Appeals lie from the High Court to the Appeals Court and then to the Supreme Court, except in cases of treason where appeals lie directly to the Supreme Court.

The President has the ability to grant clemency in consultation with the Council of State after reviewing the ruling of the court that granted the sentence. Article 72 of the Constitution states that the president may commute sentences to less severe ones, grant pardons, or grant respite from the execution of a sentence for any reason after reviewing the case. There is an automatic Presidential review of death sentences, as the judge in the capital trial sends the ruling to the President directly. The Criminal Procedure Code outlines the proceedings after trial, which include that the judge presiding over a capital case forward all relevant materials to a Minister, who will review the case and make recommendations on the sentence (including suggesting a commutation of sentence). Any order from the Minister for the death sentence to be commuted or for the accused to be pardoned needs a Presidential seal to be effective.

Yes. The constitution guarantees jury trials for all accused of crimes except for cases of alleged treason or high treason—these individuals receive a trial before a panel of judges. Where the punishment is death, the jury must be unanimous in its decision. The Department of State concurs that juries are used in murder trials. The Constitution indicates that tribal authorities may try death eligible offenses, but in practice tribal law applies for civil matters. This may be due to reforms instituted by the Courts Act of 2002, or to other factors.

There have been problems with getting those on remand to trial in a timely fashion—there are numerous reports of people being imprisoned without trial for years. This seems to be the most pressing issue facing the criminal justice system. The large number of persons on remand burdens the Legal Aid Board, which has the responsibility to provide representation to indigent defendants on remand (and appeal), and this contributes to the long wait before trial. The US Department of State estimates that about one-third of incarcerated persons are on remand and are awaiting trial —these individuals are held along with convicted prisoners and, while they have more privileges, may in some regards be treated like convicted prisoners. A 2007 report indicated that at one location 700 remand prisoners were held under deplorable conditions in a facility designed to hold only 70 people. The Attorney General’s office implemented Justice for All, a program that aimed at improving the criminal justice system in Ghana. As of 2009, this program has reportedly had little effect in bringing those remanded in prison into court in a more efficient manner.

There have been reports of police using excessive force against accused persons, which resulted in the death of at least 15 persons in 2009. Death due to life-threatening conditions of detention also occurs.

Ghana has ongoing violence and unrest between ethnic groups and traditional rivalries—chieftaincy disputes have accounted for some deaths and injuries and property damage.

As of July 2015, death row inmates were held in Nsawam Medium Security Prison, as well as in Koforidua Prison, Ankaful Maximum Security Prison, Kumasi Central Prison and Wa Central Prison, though they may be temporarily held in other prisons before transfer. Death-sentenced women are held at one prison, the Nsawam Central Prison for Women. Nsawam is the largest death row prison: in July 2015, it housed 125 of the country’s 129 death-sentenced prisoners.

(This question was updated on Feb. 1, 2016.).

According to Amnesty International, prison conditions on death row violate prisoners’ right to humane treatment and constitute a serious challenge to their mental well-being. Death row prisoners, known as “condemned” prisoners, are held in separate facilities suffering from the same problems of overcrowding, poor food and lack of health care and toilets common to the rest of the prison population, but with an even smaller common area, fewer visits and without any amenities or activities. Death row cells are small, dark and poorly ventilated, and contain on average 4 to 6 prisoners in 10 square meters. Prisoners sleep on mats and do not have access to toilets at night. Death row inmates are not allowed to work or to access education programs. Prisoners are isolated and not allowed to mix with the other prisoners.

Prison conditions for women on death row are less severe. During its September 2011 visit, Amnesty found that each of the four women on death row had her own cell in a separate cell block. Prisoners are isolated and not allowed to mix with the other prisoners. Cells were bare but clean.

Ghana claims it has responded to criticism about its prison conditions generally by creating prison reform programs, including new prisons, but as a news expose revealed, the conditions for prisoners remain grim. Overcrowding is a general concern for all prisoners, with prisoners packed in cells for long periods of time—sometimes they have to lie almost on top of one another to sleep. The conditions often lead to disease outbreaks among the prisoners. The quality of the nutrition provided to those incarcerated is usually poor. A Prison Services official has stated that at one prison 104 death row inmates were held in a cell designed for 24 people. The U.S. Department of State reports that this is a common ratio of overcrowding.

Overcrowding in prisons continues to affect the health and welfare of incarcerated persons. In 2008, 107 prisoners died while in custody, mostly due to diseases contracted while in prison or left untreated—including HIV/AIDS, TB, and liver failure. Prisoners depended on family assistance or outside organizations for food, medical care, and other necessities, and shortages of essentials like bedding, clean water and clothing continued.

Women and men are generally separated into quarters. Pregnant women are held in special cells until they give birth.

At the end of 2017, there were six foreign nationals on death row.

(This question was last updated on November 16, 2018.).

At the end of 2017, the was one person from Benin, two people from Burkina Faso, and three people from Nigeria on Ghana’s death row.

(This question was last updated on November 16, 2018.).

At the end of 2020, five women were known to be on death row.

(This question was last updated on November 30, 2021.).

As of February 2016, we found no reports that individuals were held under sentence of death for crimes committed while under the age of 18.

(This question was updated on February 1, 2016.).

We did not find any reports regarding the racial or ethnic composition of death row as of October 2012.

Ghana has not executed anyone since 1993, and the number of death-eligible crimes has descreased in recent years (since at least 2003, robbery offenses are no longer punishable by death). Although its courts continue to pronounce death sentences, in practice death row inmates reportedly have their death sentences commuted to life imprisonment after they have served at least 10 years on death row. It is not clear, however, whether this practice is consistently followed. At all four UN General Assembly votes on a universal moratorium on executions, Ghana abstained from voting.

The president of Ghana from 2001 to 2009, John Kufuor, was affectionately termed the “good giant of Africa” for his abolitionist stance and frequent usage of the presidential prerogative of mercy to commute death sentences to life imprisonment or granting amnesty to prisoners. In 2003, he commuted the sentences of 179 prisoners who had served at least 10 years on death row. In honor of Ghana’s 50th anniversary of independence (May 2007), he commuted 36 death sentences to life imprisonment. In January 2009, just as Ghana was transitioning to a new government, he pardoned at least 500 prisoners (not all of whom were necessarily on death row). “All prisoners sentenced to death had their terms commuted to life and anyone on death row who has already served 10 years would have their sentence reduced to 20 years,” Deputy Information Minister Frank Agyekum said. Public officials have reportedly come out in support of abolishing capital punishment.

In December 2011, the Constitution Review Commission published a report in which it recommended that the death penalty be abolished in the new constitution and replaced with life without parole. Among the reasons it cited for its recommendation were the irreversible consequences of executing wrongfully-convicted individuals, the failure of the death penalty as a deterrent, the barbaric nature of the punishment, the fact that executions to not necessarily provide closure to victims’ families, the arbitrariness of the punishment, the dehumanizing effect of executions, and the need to focus instead on rehabilitation. Moreover, the Commission noted that current international opinion was in favor of abolition. In a White Paper published in June 2012, the Government accepted the Commission’s recommendation that the death penalty be abolished.

In October 2015, the Accra Centre for Criminology and Criminal Justice published a survey of public opinion on capital punishment in a broad cross-section of the capital’s residents. The survey’s most important finding was that, contrary to popular belief, a majority of the residents of Accra are opposed to the death penalty. 54.3% of respondents were strongly opposed to the death penalty, compared with 9.7 % who expressed strong support, while 36% were moderately in support of the death penalty. When asked specifically about abolition of the death penalty for murder, 61.7% expressed support for abolition while 39.3% opposed abolition for murder. Other significant findings include the fact that the public has very limited knowledge of the type of crimes that attract the death penalty and that a high level of education is correlated with higher support for abolition. The study found no evidence that abolition would have a backlash effect in the form of vigilante violence.

(This question was updated on February 1, 2016.).

None.

Amnesty International Ghana
H/No. 347/7,
Rolyat Castle Road Opposite Havard College
Kokomlemle Accra GH
+ 233 (0) 30 2 220 814
info@amnestyghana.org.

There are several official and unofficial case reporters, including the Ghana Law Reports, the Ghana Law Reports Digest, and the Current Cases published by the Council for Law Reporting, but there is no comprehensive index of Ghananian case law. The Ghana Law Reports and other legal resources are available online on Datacenta by paid subscription (http://www.datacenta.com.) There is also a regularly updated annotated criminal offenses code that contains some cases relevant to issues in capital cases. We did not find any case law on the Ghanaian government websites.

Justice Tankebe, Kofi E. Boakye, and Atudiwe P. Atupare, Public Opinion on the Death Penalty in Ghana: Final Report, Centre for Criminology and Justice & University of Cambridge Institute of Criminology, http://nebula.wsimg.com/6653665afb945630ea4f6c0beffe65bd?AccessKeyId=50A9833FCBD2E20E7634&disposition=0&alloworigin=1, 2015.

Kofi E. Boakye and Justice Tankebe, A pioneering study of public opinion on the death penalty in Ghana suggests the unpopularity of the death penalty as punishment for crime, Death Penalty Worldwide, http://blog.deathpenaltyworldwide.org/2016/02/a-pioneering-study-of-public-opinion-on-the-death-penalty-in-ghana-suggests-the-unpopularity-of-the-.html, Feb. 1, 2016.

Amnesty Intl., ‘Prisoners Are Bottom of the Pile’: The Human Rights of Inmates in Ghana, AFR 28/002/2012, Apr. 2012.

Edudzi Ofori and Chelsea Paradis, Prisoners’ Rights in Ghana, Journalists for Human Rights, http://www.jhr.ca/en/aboutjhr/downloads/publications/Prisoners%20Rights%20in%20Ghana.%20Edudzi%20Ofori%20&%20Chelsea%20Paradis.%202006.pdf?id_article=3266, Aug. 12, 2006.

An informative news story by Metro TV Ghana on the grim conditions of Ghanaian prisons can be watched here (the video is about 50 minutes long): http://www.ghanatubes.com/view/764/inside-ghanas-prisons-1.

None.