The Supreme Court of Ghana has quashed a bench warrant issued in 2020 for the arrest of social media commentator Kevin Ebo Baidoo Taylor.
In a 4–1 majority decision, the apex court ruled that the warrant, issued by Justice Eric Kyei Baffour, was made in breach of natural justice and without due process.
The decision was handed down by a five-member panel presided over by Justice Issifu Omoro Tanko Amadu. The other justices were Justices Senyo Dzamefe, Gbiel Simon Suurbaareh, Philip Bright Mensah, and Eric Gaewu, who issued the sole dissenting opinion.
The now-quashed warrant stemmed from a Facebook video published by Taylor in 2020, in which he criticized Justice Kyei Baffour’s role in the high-profile trial of five individuals accused of embezzling over $4 million from the National Communications Authority (NCA).
In the video, Taylor alleged that Justice Kyei Baffour was promoted to the Court of Appeal for allegedly doing the bidding of the government in that case.
Reacting to the video, Justice Kyei Baffour described Taylor’s comments as “scandalous” and “an affront to the justice delivery system.”
Sitting as a High Court judge at the time, he issued a bench warrant for Taylor’s arrest on January 16, 2020, directing the Ghana Police Service and other security agencies to locate and produce Taylor before the court to face contempt proceedings.
However, lawyers for Taylor, led by Peter Okudzeto, later filed a motion invoking the supervisory jurisdiction of the Supreme Court, seeking to quash the warrant on grounds of procedural irregularities and constitutional violations.
During the Supreme Court hearing, Justice Tanko Amadu questioned the time lapse between the issuance of the warrant and the filing of the application.
In response, Taylor’s counsel cited Rule 62(24) of C.I. 16 and pointed to the “special circumstances” that warranted a review, arguing that the warrant was a legal nullity.
“The warrant was issued without giving the alleged contemnor a chance to be heard,” Okudzeto argued. “This violates Article 14(1) of the Constitution, which guarantees that no one shall be deprived of their liberty without due process.”
Citing past precedents, including the Tsatsu Tsikata (No. 2) and Montie 3 cases, the Supreme Court agreed with the applicant’s submission that the High Court lacked jurisdiction to issue the warrant without first inviting Taylor to show cause.
In the majority opinion, the court declared the process leading to the warrant as void. “The impugned process was issued without due process,” the court held. “The warrant issued for the arrest of the applicant is hereby quashed.”
Justice Gaewu, the lone dissenter, disagreed with the majority’s reasoning but the details of his dissent were not immediately disclosed.
Taylor, who was said to be outside the country when the warrant was issued, has maintained that his commentary was within the bounds of public interest journalism.
The Supreme Court’s ruling brings an end to a five-year legal battle over the contempt proceedings and affirms the constitutional right to fair hearing—even in cases involving alleged contempt of court.
