Ghana and the United States have demonstrated divergent approaches to the death penalty, reflecting broader global debates on human rights and justice. While Ghana took a historic step to amending the Criminal and Other Offences Act, 1960 (Act 29) and the Armed Forces Act, 1962 (Act 105) to abolish the death penalty and replacing it with life imprisonment, the U.S. proceeded with the execution of Marcellus Williams, a Missouri inmate, despite significant doubts about his guilt.
Ghana’s Commitment to Human Rights
Ghana’s decision to abolish the death penalty marks a significant shift towards upholding human dignity and the right to life. The new law, passed overwhelmingly by Parliament and assented by President Nana Akufo-Addo, replaces capital punishment with life imprisonment. This move aligns Ghana with a growing number of countries that have rejected the death penalty as an inhumane and ineffective form of punishment.
“For far too long, the death penalty has existed as a draconian measure in our legal system, often failing to serve as a deterrent to crime,” stated Francis-Xavier Sosu, the Member of Parliament who spearheaded the abolition bill. The last execution in Ghana occurred in 1993, and while the courts continued to issue death sentences, a de facto moratorium had been in place for over two decades. The new law commutes all existing death sentences to life imprisonment, signalling a firm commitment to human rights.
Human rights organisations, both domestic and international, have lauded Ghana’s decision. Amnesty International called it a “milestone victory for human rights,” and many hope that Ghana’s stance will inspire neighboring countries to follow suit. This bold move reflects a growing global consensus that the state should not have the power to take a life, even in the pursuit of justice.
The American Contrast
In stark contrast, the United States, which preaches human rights and would want to encourage LGBTQ rights in Africa remains one of the few developed nations to actively use the death penalty, recently carried out the execution of Marcellus Williams in Missouri. Williams, who was convicted of a 1998 murder, was executed despite new DNA evidence that cast significant doubt on his guilt. His legal team argued that the DNA found on the murder weapon did not match his, raising questions about the reliability of the evidence used to convict him.
Williams’ case garnered national attention and sparked a heated debate about the potential for wrongful execution in the American justice system. Advocates, including the Innocence Project and the NAACP, called for a stay of execution to allow for further investigation. However, the U.S. Supreme Court in a shocking judgment denied the last-minute request, allowing the execution to proceed without addressing the new evidence.
“This is a tragic example of how our justice system can fail, even in the face of compelling evidence of innocence,” said Kent Gipson, Williams’ attorney. Despite a 2017 stay of execution granted by then-Governor Eric Greitens and the appointment of a Board of Inquiry to examine the case, the execution was carried out after legal avenues were exhausted. This decision underscores the rigidity of the American death penalty system, which has often been criticized for its resistance to new evidence and its disproportionate impact on marginalized communities.
Ghana’s abolition of the death penalty reflects a broader commitment to protecting the sanctity of life and ensuring that justice does not come at the cost of human rights. By contrast, the execution of Marcellus Williams illustrates the U.S.’s wanton disregard for human life and rights owing to adherence to a punitive justice system that, critics argue, sometimes prioritizes finality over fairness.
Moving Forward
As Ghana celebrates its commitment to human rights, the U.S. faces renewed calls to reconsider its use of the death penalty, particularly in light of cases like that of Marcellus Williams. While Ghana has set a precedent for Africa and the world, the U.S. must grapple with the implications of a justice system that can, and sometimes does, take the life of potentially innocent individuals.
