The Court of Appeal has issued a landmark ruling, determining that investigative journalist Anas Aremeyaw Anas must testify in open court without his signature mask in the ongoing Republic v. Kwesi Nyantakyi case.
In a unanimous judgment handed down on Thursday, 30 January 2025, the panel of judges, consisting of Justices Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh, ruled that Anas could not provide testimony while concealing his face. This decision has significant implications for the case, as it marks a departure from the previous stance allowing Anas to testify anonymously.
Justice Ackaah Boafo, who authored the court’s opinion, stressed that the constitutional right of an accused person to a fair trial must take precedence over any considerations related to witness protection.
He pointed out that in criminal trials, the right of the accused to see, confront, and challenge their accuser is a fundamental principle. According to Boafo, the accused’s right to a fair trial has outweighed Anas’ request for anonymity, as it was essential for the integrity of the trial that Nyantakyi be allowed to face his accuser openly.
The ruling also involved a sharp critique of the High Court’s decision to entertain a fresh request from the state regarding Anas’ anonymity. The High Court had previously agreed to let Anas testify with his face concealed, but the Court of Appeal held that this was an error, citing the binding nature of previous rulings.
Specifically, the judges noted that the High Court should have adhered to a prior Supreme Court decision on the same issue and could not revisit the matter.
“The doctrine of stare decisis binds lower courts to the decisions of higher courts, and as such, the High Court erred in revisiting an issue already settled by the Supreme Court,” the ruling stated.
As a result of this ruling, Anas, who is widely known for his undercover investigations, will be required to testify without his trademark hood, marking a major moment in the high-profile case against former Ghana Football Association (GFA) President Kwesi Nyantakyi.
Nyantakyi is facing charges linked to Anas’ 2018 investigative documentary, Number 12, which exposed widespread corruption in Ghanaian football. The documentary led to major reforms within the GFA and caused a national uproar over the allegations of bribery, match-fixing, and abuse of office within the sport’s governing body.
