The High Court has discharged former Ghana Football Association (GFA) President Kwesi Nyantakyi and former Northern Regional GFA representative Abdulai Alhassan after the prosecution failed to present investigative journalist Anas Aremeyaw Anas for testimony.
The ruling follows a decision by the Court of Appeal, which overturned an earlier High Court order that would have allowed Anas to testify while masked.
The Appeals Court ruled unanimously that Anas must remove his mask if he wishes to testify in open court.
The three-member panel, chaired by Justice Anthony Oppong, with Justices Kweku Tawiah Ackaah-Boafo and Aboagye Tandoh, stated that the right of the accused to face their accuser is fundamental to a fair trial.
The High Court had initially ruled that while Anas could testify in private, he first had to unmask before the accused in chambers before appearing publicly in his disguise. Dissatisfied with this decision, both the prosecution and defense pursued appeals.
Delivering the lead judgment, Justice Ackaah-Boafo emphasized that criminal trials in Ghana follow an adversarial system, which requires witnesses to be seen by the accused. The Court dismissed arguments that Anas’ security concerns should outweigh Nyantakyi’s right to a fair trial.
“The right of an accused person to face their accuser is paramount in our judicial system. Any exception must be based on solid evidence of a credible threat, which the prosecution has failed to provide,” the ruling stated.
The Court further rejected arguments linking Anas’ potential exposure to the 2019 murder of his colleague, Ahmed Suale, stating that there was no verifiable proof that his unmasking would endanger him.
Prosecution Fails to Produce Anas, Case Falls Apart
With the court ruling that Anas must testify unmasked, uncertainty surrounded whether he would appear in court. His absence ultimately led to the discharge of Nyantakyi and Alhassan, as the prosecution could not proceed without his testimony.
The two were facing charges of fraud and corruption following the release of Anas’ 2018 investigative documentary, Number 12, which implicated Nyantakyi in alleged bribery and influence-peddling within Ghanaian football.
Nyantakyi, who had been granted a GH₵1 million bail along with Alhassan, had pleaded not guilty to the charges.
Background
The Number 12 documentary, aired on June 6, 2018, captured Nyantakyi allegedly accepting a $65,000 bribe from undercover journalists posing as investors. The exposé also implicated several GFA officials in bribery schemes related to match-fixing and player selection.
Following the revelations, Nyantakyi resigned from his football-related positions, including his role as CAF First Vice President. FIFA subsequently banned him from all football-related activities for life.
With the case now dismissed due to Anas’ absence, questions remain over whether the prosecution will appeal or if this marks the end of the high-profile corruption case.
