The Supreme Court has, in a 4-1 majority decision, overturned a bench warrant issued in January 2020 for the arrest of U.S.-based Ghanaian broadcaster Kelvin Taylor.

The warrant had been issued by Justice Eric Kyei Baffour in connection with a contempt of court matter.

The apex court based its decision on the legal precedent set in the case of Republic v. High Court (Land Division); Ex parte Mr. Ken Agyapong, in which a similar contempt issue arose.

In that earlier case, Member of Parliament Mr Ken Agyapong had been cited for contempt after allegedly insulting a High Court judge on television over a land dispute.

The Supreme Court later quashed the High Court’s directive, ruling that the judge had effectively pre-judged the matter by directing the MP to appear and show cause why he should not be punished—thereby violating the fundamental legal principle of audi alteram partem, or the right to be heard.

Applying the same reasoning in the Kelvin Taylor case, the Supreme Court held that Justice Kyei Baffour had similarly erred by issuing a warrant without granting Taylor the opportunity to be heard.

The court emphasised that such actions amount to a pre-determination of guilt and infringe on the rights of the accused to a fair hearing.