Justice Sir Dennis Adjei, a Supreme Court nominee, says there is a constitutional gap regarding the issue of “marriage and sex” in the country, and it must be addressed. 

He observed that the country’s laws stipulated that a person can have sex at age 16, but can only marry at age 18, describing this scenario as a gap that must be resolved. 

Justice Dennis Adjei made the remarks when answering a question about child marriage in Ghana during his vetting by Parliament’s Appointments Committee on Monday. 

“So, if you’re of 16, that means the person is 16 and the person voluntarily have sex, you can’t blame any of the parties involved in the act, but that person can’t marry until she/he is 18 years,” he said. 

He questioned: “What happens within the period before 18, there is a gap between our laws, and I believe in the future we can fill the gap…So, why don’t we make it straightforward that you can marry and have sex at age 18? 

“Why can’t we wait for the child to get an education or learn a trade so that in the future if there is dissolution of marriage the child can survive,” the nominee suggested. 

Justice Adjei also shared his views on canning and other abuses children were subjected to, noting that canning a child was a violation of his or her human rights. 

The nominee also touched on the issue of witchcraft. He asked: “Why at this age are we still talking about witchcraft? This has become outmoded.” 

President John Mahama, earlier this year, nominated seven justices who are currently serving on the Court of Appeals bench to the Supreme Court. 

The nominees are Justice Senyo Dzamefe, Justice Sir Dennis Dominic Adjei, Justice Gbiel Simon Suurbaareh, Justice Philip Bright Mensah, Justice Janapare Adzua Bartels-Kodwo, Justice Hafisata Amaleboba, and Justice Kweku Tawiah Ackaah-Boafo. 

The President’s nomination is based on Article 144(2) of the 1992 Constitution, which requires the President to appoint Justices of the Supreme Court in consultation with the Council of State and with the approval of Parliament.