- Professor Asare, also known as Kwaku Azar, has reacted to the Supreme Court’s recent decision regarding Kevin Taylor’s certiorari application
- He argues that the ruling should not be misinterpreted as an endorsement of insults, but rather a defence of due process and judicial impartiality.
- Professor Azar highlighted several flaws in the High Court’s order, including violations of due process, improper judicial language, and bias
Professor Stephen Kwaku Asare, a US-based Ghanaian law lecturer, has weighed in on the recent Supreme Court decision in the Kevin Taylor certiorari application.
According to the US-based scholar, also known as Kwaku Azar, the court’s ruling has been misinterpreted by some as an endorsement of insults, which he considers both misguided and misleading.
Photo credit: UGC.
Source: UGC
Taking to Facebook on Thursday, July 24, 2025, to share his view on the ruling, Professor Asare explained that the Supreme Court’s decision was about assessing whether the lower court acted within the remit of the law and constitution.
He pointed out that the High Court’s order to arrest Kevin Taylor was flawed due to several issues, including violation of due process.
Professor Asare highlighted the following key issues with the High Court’s order:
- Violation of Due Process: The judge issued a warrant for Kevin Taylor’s arrest without hearing him, violating the principle of audi alteram partem.
- Improper Judicial Language and Bias: The order used intemperate and personalized language, undermining judicial impartiality.
- Exceeding Jurisdiction: The High Court has no extraterritorial jurisdiction to arrest someone outside Ghana without invoking formal extradition processes.
- Unlawful Perpetual Warrant: The warrant was perpetual, lasting until the alleged contemnor “expires from the surface of the earth,” which is a constitutional aberration.
- Improper Reliance on Article 126(2): While Article 126(2) empowers courts to punish for contempt, it does not override the right to a fair hearing.
Professor Asare emphasised the importance of due process, stating that even those who engage in foul-mouthed behaviour are entitled to a fair hearing.
He noted that the Supreme Court’s decision is not an endorsement of insult, but rather an endorsement of the rule of law, the right to a fair hearing, and judicial restraint.
“The Supreme Court has consistently held that contempt powers must be exercised judiciously and in accordance with natural justice (Republic v. Mensa-Bonsu & others; Ex parte AG [1995-96]),” he wrote.
“To sum up, this decision is hardly a precedent. It is simply a straightforward application of long-standing constitutional principles: the right to a fair hearing, the duty of judicial impartiality, and the limits of contempt powers. Courts across the common law world have consistently invalidated judicial orders that flout these basics and this case is no different,” he added.
Read the Facebook post below:
Kevin Taylor secures victory in court
On Tuesday, July 22, 2025, the Supreme Court overturned a bench warrant for the arrest of popular YouTuber Kevin Taylor on contempt charges.
The arrest warrant, issued by Justice Kyei-Baffour, was revoked due to its violation of the rules of natural justice.
The warrant had been issued following Taylor’s alleged derogatory comments about Kyei-Baffour in 2020, which were considered as contemptuous.
Kyei-Baffour had specifically accused Taylor, claiming he was promoted to favour the Akufo-Addo administration in a case involving the National Communications Authority.
Photo credit: UGC.
Source: Facebook
Kevin Taylor reacts to Supreme Court ruling
YEN.com.gh reported earlier that the Supreme Court overturned a 2020 bench warrant issued against controversial US-based Ghanaian commentator Kevin Taylor.
Taylor filed a certiorari suit at the Accra High Court on July 3, 2025, to challenge the warrant.
The warrant was quashed in a 4:1 majority ruling by the court, prompting Taylor to celebrate online after the verdict.
Source: YEN.com.gh
