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Johnson v Republic of Ghana (Application No. 016-2017)

African Court on Human and Peoples' Rights · [2017] AfCHPR 125 · 2017 Provisional Measures Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures pending determination of human rights application
Decision
Provisional measures granted; applicant to remain on death row without execution pending determination of main application

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights held that it has prima facie jurisdiction to hear an application challenging Ghana's mandatory death penalty. The Court found extreme gravity and risk of irreparable harm warranting provisional measures. It unanimously ordered Ghana to refrain from executing the applicant pending determination of the main application, which alleges the mandatory death sentence violates rights to life, fair trial, and protection from cruel punishment.

Outcome

Provisional measures granted; applicant to remain on death row without execution pending determination of main application

Facts

Dexter Eddie Johnson, a dual Ghanaian and British national, was convicted of murder and sentenced to death by the Fast Track High Court in Accra on 18 June 2008. The Court of Appeal confirmed the conviction and sentence on 16 July 2009, and the Supreme Court of Ghana did likewise on 16 March 2011. Johnson remained on death row awaiting execution. He filed an application with the African Court alleging that the mandatory death sentence imposed without consideration of individual circumstances violates multiple human rights provisions. Ghana became party to the African Charter in 1989, the Protocol establishing the Court in 2005, deposited a declaration accepting individual complaints in 2011, and ratified the International Covenant on Civil and Political Rights in 2000.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the Application for provisional measures.
  2. Whether the circumstances meet the requirements of extreme gravity, urgency, and risk of irreparable harm to warrant an order for provisional measures under Article 27(2) of the Protocol.

Orders

  • Respondent ordered to refrain from executing the death penalty against the Applicant until the Application is heard and determined.
  • Respondent ordered to report to the Court within sixty (60) days from the date of receipt of this Order on the measures taken to implement this Order.

Rules and key headnotes

Human Rights — Provisional Measures — Jurisdiction — Prima Facie Test
In ordering provisional measures, the Court need not satisfy itself that it has jurisdiction on the merits of the case, but simply needs to satisfy itself, prima facie, that it has jurisdiction.
Human Rights — Provisional Measures — Requirements — Extreme Gravity and Urgency
Under Article 27(2) of the Protocol and Rule 51(1) of the Rules, the Court is empowered to order provisional measures in cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, which it deems necessary to adopt in the interest of the parties or of justice.
Human Rights — Death Penalty — Provisional Measures — Risk of Irreparable Harm
Where an applicant is on death row and the risk of execution will jeopardise the enjoyment of rights to life, protection from inhuman punishment, and fair trial, the situation constitutes extreme gravity and represents a risk of irreparable harm warranting provisional measures to preserve the status quo pending determination of the main application.

Cases cited (3)

  • African Commission on Human and Peoples' Rights v Libya (Application No. 002/2013)
  • African Commission on Human and Peoples' Rights v Kenya (Application No. 006/2012)
  • African Commission on Human and Peoples' Rights v Libya (Application No. 004/2011)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Johnson v Republic of Ghana (Application No. 016-2017) [2017] AfCHPR 125 (28 September 2017)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.