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REPUBLIC
V.
HIGH COURT, COMMERCIAL DIVISION (EX PARTE: KEVIN EKOW TAYLOR & ATTORNEY-GENERAL)

(2025) JELR 114394 (SC)

Supreme Court 22 Jul 2025 Ghana
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- The Supreme Court (majority) quashed a High Court-issued warrant of arrest for contempt, holding that issuing a bench warrant against the applicant without first serving a summons to show cause constituted a fundamental breach of natural

Case Details

Suit Number:J5/80/2025
Judges:AMADU JSC (PRESIDING), GAEWU JSC, DZAMEFE JSC, SUURBAAREH JSC, MENSAH JSC
Counsel:PETER OKUDZETO ESQ. FOR THE APPLICANT. WITH HIM ELI AHU ESQ. ATTORNEY-GENERAL ABSENT.

RULING

 

MAJORITY OPINION

TANKO AMADU JSC:

INTRODUCTION

PROLOGUE

There cannot be anything of greater consequence than to keep the streams of justice clear and pure, that parties may proceed with safety both to themselves and their characters.” Per Lord Hardwicke in The St. James’ Evening Post Case (1742) 2 Atkins 469 at 472.

(1) On the 22nd day of July, 2025 this court, by majority decision granted the Applicant’s prayer for an order of certiorari to lie against the warrant of arrest issued from the High Court (Commercial Division) Accra, on the 16th day of January 2020 and accordingly quashed same.  We hereby set out the reasons for the majority decision.                    

(2) The case of THE REPUBLIC VS. EUGENE BAFFOE-BONNIE & 4 ORS Ref. No. J1/06/2018, dated 7th June 2018, did not only produce the ground breaking guidelines on pretrial disclosures in further enhancement of our criminal justice system in strict fidelity with Articles 19(2)(e) and (g) of the 1992 Constitution. In the cour…

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