The Supreme Court has, by a majority decision of 4-1, quashed an arrest warrant issued by the High Court against U.S.-based Ghanaian journalist and social commentator, Kevin Taylor, citing a fundamental breach of due process.
The five-member panel of the apex court, comprising Justices Tanko Amadu, Ernest Gaewu, Yaw Dzamefe, Richard Adjei-Frimpong, and one other, delivered the ruling Tuesday morning after hearing legal arguments presented by Mr. Peter Okudzeto, counsel for the applicant, Kevin Taylor.
The case was brought before the Supreme Court through a motion on notice invoking its supervisory jurisdiction, specifically by way of certiorari to quash the warrant for arrest, which was issued by the High Court in 2020.
Justice Tanko, presiding, raised a preliminary issue regarding the timeliness of the application, noting that the order in question had been made five years ago.
Responding to the concern, counsel for Taylor admitted that the application was indeed out of time under Rule 62(24) of C.I. 16 but argued that the delay should not defeat the application given the “special circumstances” of the case.
Mr. Okudzeto contended that the order made by the High Court was a nullity because it was issued in breach of the rules of natural justice.
He cited the Tsatsu Tsikata (No. 2) decision, in which the Supreme Court held that when a court acts without jurisdiction, its orders are void.
Counsel further referenced the high-profile Montie 3 case, noting that the Supreme Court in that instance invited alleged contemnors to appear before issuing any orders against them.
He maintained that in Taylor’s case, no such opportunity was given, thus violating the principle of fair hearing.
Justice Tanko asked for clarification, querying whether the applicant’s position was that the High Court should have given Taylor the opportunity to show cause before issuing the warrant.
Counsel affirmed this position and anchored his argument in Article 14(1) of the 1992 Constitution, which provides that no person shall be deprived of their liberty except in accordance with a procedure permitted by law.
Delivering the ruling, the court held by a majority of 4 to 1, with Justice Gaewu dissenting, that the warrant was issued in violation of due process and was therefore void.
The court ordered that the said warrant be brought before it for the purposes of being quashed—and accordingly, the warrant was quashed.
The decision marks a significant judicial intervention in a case that has attracted public interest, given Kevin Taylor’s high-profile and often controversial commentary on national issues.
The court did not issue any consequential orders beyond the quashing of the arrest warrant.
