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The Court of Appeal has ruled that investigative journalist Anas Aremeyaw Anas must testify in open court without his signature mask in the ongoing case of Republic v. Kwesi Nyantakyi.
In a unanimous decision delivered on Thursday, January 30, 2025, the three-member panel comprising Justices Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh determined that Anas could not give testimony while concealing his identity.
Justice Ackaah Boafo, who delivered the ruling, underscored the constitutional right of an accused person to a fair trial, emphasising that this right outweighs the state’s witness protection arguments.
The court held that in a criminal trial, the accused must have the opportunity to see and challenge their accuser, a fundamental principle that takes precedence over anonymity.
Additionally, the Court of Appeal criticised the High Court’s decision to reconsider the state’s request for Anas to testify in disguise.
It ruled that the High Court was bound by a prior Supreme Court ruling on the matter and should not have entertained a second application on the same issue.
The doctrine of stare decisis compels lower courts to adhere to precedents set by higher courts. The High Court, therefore, erred in reopening an issue already resolved by the Supreme Court
This judgement means that Anas, widely known for his undercover investigative journalism, must appear in court without his trademark hood when testifying against former Ghana Football Association (GFA) President Kwesi Nyantakyi.
Background on the case
The case stems from Anas’ 2018 Number 12 exposé, which allegedly captured Kwesi Nyantakyi accepting cash gifts and engaging in influence peddling.
Following the exposé, Nyantakyi resigned as GFA President and lost his roles as a FIFA Council Member and 1st Vice President of the Confederation of African Football (CAF).
Subsequently, FIFA imposed a lifetime ban on Nyantakyi and fined him 500,000 Swiss Francs.
He was also charged with conspiracy to commit fraud and corruption by a public officer but was later granted bail with sureties.
While his lifetime ban was later reduced to 15 years by the Court of Arbitration for Sport (CAS), the scandal significantly damaged Nyantakyi’s reputation.