“If you cannot marry at 16? Why have sex at 16?” – Justice Adjei punches holes in Ghana’s laws

Supreme Court judge nominee Justice Dennis Dominic Adjei has delivered a thought-provoking critique of Ghana’s legal framework, questioning the apparent inconsistency between the legal age for marriage and the age of sexual consent.

During his vetting before Parliament’s Appointments Committee on Monday, June 16, 2025, Justice Adjei posed a poignant rhetorical question that highlighted a complex societal and legal conundrum:

“If you cannot marry at 16? Why have sex at 16?”

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

While Ghana’s Children’s Act of 1998 sets the minimum age for marriage at 18 years for both males and females, the Criminal Offences Act of 1960 pegs the age of sexual consent at 16 years.

This disparity means that a 16-year-old in Ghana can legally consent to sexual activity but is legally too young to enter into marriage.

The nominee’s inquiry brings to the forefront a long-standing debate among legal experts, child rights advocates, and social workers.

Critics argue that this legal gap creates vulnerabilities for minors, contributing to issues such as teenage pregnancies, child abandonment, and defilement that may not be adequately prosecuted if consensual sex at 16 is permitted while marriage is not.

Justice Adjei’s line of questioning during his vetting by the Appointments Committee, which scrutinises nominees’ legal philosophies, understanding of the law, and views on critical societal issues, suggests a call for a review and potential harmonisation of these legal ages.

His remarks are expected to reignite discussions on how best to protect young people in Ghana and ensure that legal provisions are consistent and serve the best interests of children.

The vetting process for Justice Adjei, a seasoned jurist known for his contributions to judicial training and human rights law, continues as Parliament assesses his suitability for a seat on the nation’s highest court.