By: Alexander Afriyie
In a significant 4-1 majority decision, the Supreme Court of Ghana has quashed a bench warrant issued in January 2020 by Justice Eric Kyei Baffour for the arrest of Kelvin Taylor, a US-based Ghanaian broadcaster. The court’s ruling emphasized that the warrant was issued without granting Taylor the opportunity to be heard, thereby violating his right to due process.
The Case
The controversy surrounding Kelvin Taylor began when he circulated a video on Facebook criticizing Justice Kyei Baffour’s handling of a high-profile case involving the alleged embezzlement of $4 million by former National Communications Authority (NCA) board members. Taylor accused the judge of being elevated to the Court of Appeal as a reward for doing the government’s bidding in the trial. Justice Kyei Baffour deemed Taylor’s comments scandalous and issued a bench warrant for his arrest.
The Supreme Court’s Ruling
The Supreme Court, presided over by Justice Omoro Issiful Tanko, held that Justice Kyei Baffour’s decision to issue the warrant without hearing Taylor’s side of the story constituted a pre-determination of guilt and infringed on Taylor’s right to a fair hearing. The court relied on the fundamental legal principle of “audi alteram partem” or “hear the other side,” which is enshrined in Article 19(1) of the 1992 Constitution.
The majority decision, supported by Justices Senyo Dzamefe, Simon Gbiel Suurbaareh, and Philip Bright Mensah, emphasized the importance of due process in judicial proceedings. Justice Ernest Gaewu dissented from the majority decision.
Constitutional Provisions and Judicial Precedents
The Supreme Court’s ruling is grounded in the Constitution of Ghana, specifically Article 19(1), which guarantees the right to a fair trial. The court also relied on the precedent set in the case of Republic v. High Court (Land Division); Ex parte Mr. Ken Agyapong, where a similar contempt issue arose. In that case, Member of Parliament Ken Agyapong was cited for contempt after allegedly insulting a High Court judge on television over a land dispute.
Implications of the Ruling
The Supreme Court’s decision has significant implications for the administration of justice in Ghana. It underscores the importance of due process and the right to a fair hearing in judicial proceedings. The ruling also highlights the need for judges to exercise caution and impartiality when dealing with contempt cases, ensuring that individuals are given a chance to defend themselves before any adverse decisions are made.
The Supreme Court’s quashing of the bench warrant against Kelvin Taylor is a landmark ruling that reinforces the principles of due process and fair hearing in Ghana’s judicial system. The decision serves as a reminder of the importance of upholding constitutional provisions and judicial precedents in ensuring that justice is served fairly and impartially.