Gertrude Torkornoo, the nominee for Chief Justice of Ghana, has called on Parliament to review the country’s death penalty laws.
Torkornoo, who is a Justice of the Supreme Court, said that she believes the death penalty is “too final” and that she would like Parliament to consider alternatives to capital punishment.
“As a Justice of the Supreme Court, I am mindful of the fact that when cases come to court, it’s my duty to preside over it. But on a personal level, I do think that the death penalty is too final. And it’s something that I would be grateful if the legislative body can begin to look at it. In criminal law, we are always looking at the mens rea [guilty mind] and not just the actus reus [guilty act]. Sentencing is guided by law, so long as the law says it, I cannot say otherwise,” she stated.
Torkornoo’s comments come as Ghana is considering whether to abolish the death penalty. The country has not executed anyone since 1993, and it is considered to be “abolitionist in practice” by Amnesty International.
However, capital punishment is still a legal penalty in Ghana, and it is mandatory for certain offences, such as murder. Sevem new death sentences were handed down in 2021.
Torkornoo’s comments are likely to be met with mixed reactions. Some people will support her call for a review of the death penalty, while others will argue that it is a necessary punishment for certain crimes. Ultimately, it is up to Parliament to decide whether or not to change the law.
Justice Gertrude Torkornoo, if approved, will become the third female Chief Justice in the history of Ghana, after Justices Georgina Theodora Wood and Sophia Akuffo.
She replaces Justice Kwasi Anin-Yeboah, who retired as Chief Justice on May 24, 2023.
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