Justice Philip Bright Mensah, a nominee for the Supreme Court, has argued in favor of maintaining the legal age of sexual consent at 16 years.

The nominee made these remarks during his vetting before Parliament’s Appointments Committee on Tuesday, June 17, 2025.

Currently, Ghana’s criminal code sets the legal age for sexual consent at 16, while the minimum age for marriage is 18.

Justice Mensah defended this distinction, questioning whether young girls would realistically remain abstinent until 18.

“The point is that, will these girls wait till 18? That is a question we must also settle ourselves with. If she remains in chastity till 18, well and good. But you as a parent, you will be sleeping and your daughter will be somewhere else which you have no idea about. How can you control her? So please let the law remain what it is, at least for now,” he stated.

• Read also: If you cannot marry at 16, why sex at 16? – Justice Adjei punches holes in Ghana’s laws

He further contrasted the legal ages for sex and marriage, describing it as a moral dilemma.

“I think the intention of the law which puts the marital age at 18 was thinking that by 18 years, the girl would have been a mature person to be able to know her responsibility so far as marriage is concerned. Now, why should a girl have sex at 16 and not be permitted to be married? There's more of a moral question, sort of," he explained.

"Because, look, 16 years, what does the girl know? The girl does not know anything. But if she's 18, and the constitution even describes an adult person as 18 years. So if you are 18, the presumption is that you have seen life a little to be able to be independent or take care of yourself when you are married. At 16, the girl must be in school; they should not go and follow a 45-year-old man."

On Monday, another Supreme Court judge nominee, Justice Dennis Dominic Adjei, had an interesting take on the said subject.

He posed a rhetorical question that highlighted a complex societal and legal conundrum.

"If you cannot marry at 16? Why have sex at 16?" he quizzed while urging a change in the law to keep both sexual and marital consent ages at par.

Justice Adjei's comment directly challenges the different age thresholds stipulated by various Ghanaian laws.