The Court of Appeal has overturned an earlier High Court ruling that required investigative journalist Anas Aremeyaw Anas to unmask before testifying in open court.
The decision, delivered unanimously by a three-member panel chaired by Justice Anthony Oppong, with Justice Kweku Tawiah Ackaah-Boafo and Justice Aboagye Tandoh as members, ruled that Anas must remove his mask when testifying.
“The 1st Respondent’s (Nyantakyi’s) appeal succeeds, and Anas must remove his mask when testifying,” the court ruled, effectively quashing the High Court’s May 17, 2023, decision.
The High Court had previously ruled that while Anas could testify in camera, he first had to unmask before the accused, Kwesi Nyantakyi, in chambers before appearing in public with his mask. Both the prosecution and defense were dissatisfied with the ruling, prompting the prosecution to file an appeal.
Justice Kweku Tawiah Ackaah-Boafo, who wrote the lead judgment, emphasized the importance of an unmasked witness in criminal trials. He argued that the adversarial nature of the legal system relies on face-to-face confrontation, which is a fundamental right of the accused.
“Denying this right, particularly when the witness is the accuser, weakens the defense and the overall fairness of the trial,” the Court stated.
While acknowledging the Republic’s concerns that unmasking Anas could endanger his life, the Court held that the prosecution failed to provide evidence supporting the claim. It ruled that any security risks could be managed through judicial controls.
The court also dismissed arguments linking Anas’ exposure to the unresolved murder of his colleague, Ahmed Suale, stating that such claims were more emotional than factual.
“There was no evidence linking the Respondents to Suale’s death, and constitutional rights cannot be overridden without verifiable proof,” the Court stated.
Furthermore, the Court emphasized that while the right to a fair trial is constitutional, the right of a witness to cover their face is not. It referenced a previous Supreme Court decision, which prioritized constitutional provisions over personal security concerns.
Anas’ Identity is Already Known
The Court also downplayed concerns about Anas’ safety, referencing statements in court records where he was identified as both an “Investigative Journalist” and a “Lawyer.”
It argued that Anas is already known to many people, including peers and classmates, making the claim about the danger of him being seen in court exaggerated and lacking merit.
Following this ruling, it remains to be seen whether Anas will proceed with testifying. If he declines to appear unmasked, there is speculation that Nyantakyi and Abdulai Alhassan may be discharged.
Charges Against Nyantakyi and Alhassan
Former Ghana Football Association (GFA) President, Kwesi Nyantakyi, and his co-accused, Abdulai Alhassan, face charges of fraud and corruption stemming from Anas’ 2018 investigative exposé, Number 12.
Nyantakyi is also charged with conspiracy to commit fraud alongside Alhassan, and both have pleaded not guilty.
They were each granted GH₵1 million bail with three sureties, required to report to investigators regularly until the case is determined.
Background: The Number 12 Exposé
Nyantakyi’s legal troubles began after Anas’ investigative documentary, Number 12, aired on June 6, 2018. The exposé captured Nyantakyi allegedly accepting a $65,000 bribe from undercover reporters posing as businessmen.
The footage also revealed top GFA officials accepting bribes to influence player selections, match outcomes, and referee appointments.
Following public outrage, Nyantakyi resigned from all football-related positions, including his role as CAF First Vice President. FIFA later banned him for life from football-related activities.
With Anas now required to testify without his mask, the future of the case remains uncertain.
