Supreme Court Quashes 2020 Bench Warrant Against Kevin Taylor, Citing Due Process Breach

In a landmark decision delivered today, the Supreme Court of Ghana, by a 4–1 majority, nullified the bench warrant issued in January 2020 for the arrest of Ghanaian-American social commentator Kevin Ekow Baidoo Taylor. The Court held that the warrant, signed by Justice Eric Kyei Baffour of the High Court, constituted an overreach of judicial authority and violated Taylor’s right to due process.

Taylor, host of the online show With All Due Respect, had criticised Justice Baffour in a viral video, alleging that the judge’s promotion to the Court of Appeal was politically driven and that his rulings in the trial of former National Communications Authority board members favoured the Akufo-Addo administration.

Justice Baffour responded by classifying Taylor’s remarks as “scandalous” and an affront to the judiciary, summoning him for contempt and ordering his arrest despite Taylor residing in the United States.

In today’s verdict, Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, writing for the majority, emphasised that “judicial officers must exercise restraint when invoking contempt powers, especially where free speech is at issue.” The Court found no evidence that Taylor had been afforded the opportunity to be heard before the warrant was issued, a fundamental requirement of natural justice.

“We are mindful of the need to uphold the dignity of the bench,” the judgment states, “but this cannot come at the expense of depriving a citizen or in this case, a member of the Diaspora of his constitutional right to fair hearing.” The majority cautioned that unchecked contempt orders risk chilling public discourse and eroding confidence in the judiciary’s impartiality.

In a dissenting opinion, Justice Yaw Apau argued that the High Court possessed inherent authority to protect its integrity and that Taylor’s statements had crossed the line from fair comment to malicious imputations. However, he conceded that procedural safeguards should have been strictly observed.

Kevin Taylor, who issued a brief statement through his legal team, hailed the decision as “a victory for free speech and the rule of law.” He declined to comment further, noting that he looks forward to the Court’s full written opinion, expected later this week.

The ruling sets a significant precedent on the scope of contempt powers in Ghanaian courts and may prompt calls for clearer guidelines to balance the protection of judicial reputation against fundamental liberties.