Kelvin Taylor Bench Warrant: Supreme Court Quashes Arrest Order
The Supreme Court of Ghana has overturned a bench warrant issued for the arrest of journalist Kelvin Taylor. In a 4-1 majority decision delivered on Tuesday, the court quashed the warrant, which was initially issued by Justice Eric Kyei-Baffour on January 15, 2020.
Justice Issifu Amadu Tanko, presiding over the Supreme Court, stated that Justice Kyei-Baffour, then a Court of Appeal judge, should have afforded Mr. Taylor a fair hearing before issuing the arrest warrant. Kelvin Taylor, a Ghanaian citizen who also holds citizenship in the United States of America, was the subject of the warrant due to a video he circulated on Facebook.
The initial warrant was issued by Justice Kyei-Baffour, who was then sitting as a High Court judge, before the cross-examination of Eugene Baffour-Bonnie, a former Board Chairman of the National Communications Authority (NCA) and one of the accused persons in a $4 million embezzlement case.
Why the Warrant Was Issued
According to Justice Kyei-Baffour, Kelvin Taylor's video alleged that the judge's promotion to the Court of Appeal was a result of him acting in the government's favor in the NCA embezzlement trial. Justice Kyei-Baffour claimed the video was an attempt to incite the public against him and the court.
“As a judge of impeccable integrity and outmost honesty, I find it necessary to invoke the powers vested in me under the constitution to proceed and cite him for contempt. I issue a warrant for him to be produced before the court to show cause why he should not be committed to prison,” Justice Kyei-Baffour stated at the time.
The warrant was then directed to the Ghana Police Service and other security agencies to locate and arrest Taylor, who was believed to be outside of Ghana.
Supreme Court's Decision
The Supreme Court's decision to quash the warrant highlights the importance of due process and fair hearing in legal proceedings. The court emphasized that even in cases of alleged contempt, individuals are entitled to a fair opportunity to present their side of the story before any punitive measures are taken. This ruling serves as a reminder of the constitutional rights afforded to all citizens, regardless of their location or citizenship status.