[2025]DLSC18383July 22, 2025Supreme Court

THE REPUBLIC vs. HIGH COURT (COMMERCIAL DIVISION) , EX PARTE: KEVIN EKOW TAYLOR AND ATTORNEY-GENERAL

The High Court Commercial Division issued a warrant for the arrest of Kevin Ekow Taylor (referred to as Kelvin Taylor in the warrant) on 16 January 2020 for alleged contempt of court based on a scandalous video circulating on social media. The Applicant, a US resident, was not given prior notice or opportunity to be heard before the warrant was issued. He only became aware of the warrant years later and filed an application to quash it, alleging breach of natural justice and lack of jurisdiction by the High Court.

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RULING MAJORITY OPINION TANKO AMADU JSC: INTRODUCTION PROLOGUE “There cannot be anything of greater consequence than to keep the streams of justice clear and pure, that parties may proceed with safety both to themselves and their characters.” Per Lord Hardwicke in The St. James’ Evening Post Case (1742) 2 Atkins 469 at 472. (1) On the 22nd day of July, 2025 this court, by majority decision granted the Applicant’s prayer for an order of certiorari to lie against the warrant of arrest issued from the High Court (Commercial Division) Accra, on the 16th day of January 2020 and accordingly quashed same. We hereby set out the reasons for the majority decision. (2) The case of THE REPUBLIC VS. EUGENE BAFFOE-BONNIE & 4 ORS Ref. No. J1/06/2018, dated 7th June 2018, did not only produce the ground breaking guidelines on pretrial disclosures in further enhancement of our criminal justice system in strict fidelity with Articles 19(2)(e) and (g) of the 1992 Constitution. In th...