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Justice Adjei Calls for Compassion: Hunger-Driven Petty Theft Should Not Automatically Lead to Prison

Court of Appeal judge urges Ghana’s justice system to balance punishment with humanity as poverty continues to drive minor offences

By Ebenezer Adu-Gyamfi & Emmanuel Ayiku | GhanaianNewsCanada | Accra, Ghana | July 12,2026

 

Court of Appeal Judge Justice Janapare Adzua Bartels-Kodwo Adjei has called for greater compassion within Ghana’s criminal justice system, arguing that individuals who commit petty theft out of hunger or extreme hardship should not automatically be sentenced to prison.

Speaking on the need for a more humane and restorative approach to justice, Justice Adjei said courts must distinguish between hardened criminals and vulnerable individuals whose offences are driven by poverty, hunger and desperation.

According to the senior judge, while theft remains a criminal offence under Ghanaian law, judges should consider the circumstances surrounding each case before imposing custodial sentences, particularly where offenders pose little threat to society.

Looking Beyond the Crime

Justice Adjei stressed that justice should not focus solely on punishment but should also seek to understand the social and economic conditions that lead people to commit certain offences.

He noted that many cases involving the theft of food or low-value household items are often linked to unemployment, homelessness, financial hardship and food insecurity rather than criminal intent.

The judge urged stakeholders within the justice sector to adopt sentencing approaches that promote rehabilitation while protecting society.

A Case for Restorative Justice

Rather than relying exclusively on imprisonment, Justice Adjei encouraged greater use of alternative sentencing options where appropriate.

These may include community service, counselling, restitution to victims and other rehabilitation programmes designed to help offenders reintegrate into society instead of exposing them to the long-term consequences of incarceration.

Legal experts say such measures can reduce repeat offending while easing pressure on Ghana’s correctional facilities.

Poverty and Crime Remain Closely Linked

Justice Adjei’s remarks come as many communities continue to grapple with the effects of rising living costs, youth unemployment and economic hardship.

Social welfare advocates argue that poverty has increasingly become a contributing factor in many minor criminal offences, particularly among vulnerable populations who struggle to meet basic daily needs.

The judge maintained that addressing these underlying challenges requires collaboration between government institutions, social protection agencies and community organisations.

Protecting Justice While Preserving Human Dignity

Although advocating compassion, Justice Adjei made it clear that his comments should not be interpreted as encouraging criminal behaviour.

He emphasised that the law must continue to protect victims and uphold public order, but added that fairness requires courts to evaluate both the offence and the offender before determining an appropriate sentence.

He said the judiciary has an important responsibility to ensure justice is administered with wisdom, proportionality and humanity.

A Growing Conversation on Criminal Justice Reform

Justice Adjei’s comments have added momentum to ongoing discussions about criminal justice reform in Ghana.

Legal practitioners, human rights advocates and civil society organisations have increasingly called for sentencing policies that balance accountability with rehabilitation, particularly for non-violent offenders.

Supporters argue that reducing unnecessary imprisonment for minor offences could help lower prison overcrowding while giving vulnerable individuals a better opportunity to rebuild their lives.

Editor’s Note

Justice Adjei’s remarks underscore an important principle within modern justice systems: while the law must punish wrongdoing, it must also recognise the human circumstances that sometimes lead individuals into conflict with the law. As Ghana continues to strengthen its justice sector, many believe compassion and accountability can coexist in building a fairer society.


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