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

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…