Justice Dennis Adjei reaffirms binding nature of AfCHPR decisions on countries at book launch
He clarified during the launch of his new book, International Human Rights Law and Practice, held on Friday, October 10, 2025, in Accra.
Justice Dennis Dominic Adjei of the Supreme Court has emphasized that Ghana and all member states that have ratified the African Charter on Human and Peoples’ Rights are legally obligated to comply with the rulings of the African Court on Human and Peoples’ Rights (AfCHPR).
He clarified during the launch of his new book, International Human Rights Law and Practice, held on Friday, October 10, 2025, in Accra.
Justice Adjei explained that the establishment of the African Court was intended to guarantee the protection of fundamental rights and freedoms across the continent and to ensure that member states uphold the principles enshrined in the African Charter.
“The African Court is a key instrument designed to harmonize domestic legal frameworks with Africa’s human rights standards,” he said.
However, he cautioned that access to the African Court is not automatic. Individuals and organizations must first exhaust all available local remedies within their respective national judicial systems before seeking redress at the continental level, as required under the Court’s protocol.
“When you sit in your courts and use your common sense to interpret a human rights treaty, you are going off track,” Justice Adjei remarked, emphasizing the need for judges to interpret such treaties in accordance with international jurisprudence, not personal discretion.
Justice Adjei also urged Ghanaian authorities to exercise greater caution during the ratification of international treaties, particularly those containing provisions that may conflict with national customs or legal traditions.
He advised that where such inconsistencies exist, Ghana should make formal reservations to exclude the application of certain provisions rather than accepting them wholesale.
As an illustration, Justice Adjei referenced a treaty ratified by Ghana that permits men to adopt their wives’ surnames after marriage — a practice he noted contradicts Ghanaian cultural norms, where women typically assume their husband’s surname instead.
Justice Adjei’s remarks underscore the growing need for legal alignment between domestic and international human rights obligations, as well as the importance of judicial education in the interpretation and enforcement of international treaties within national courts.
