By GhanaNewsPage 
In a landmark ruling that has sparked widespread debate, Ghana’s Court of Appeal has ordered investigative journalist Anas Aremeyaw Anas to testify in open court without his signature mask in the ongoing high-profile case of Republic v. Kwesi Nyantakyi.
Table of Contents
The unanimous decision, delivered on Thursday, January 30, 2025, by a three-member panel consisting of Justices Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh, marks a significant legal precedent regarding witness protection versus an accused person’s right to a fair trial.
Court’s Rationale: Right to Fair Trial Takes Precedence
Justice Ackaah Boafo, delivering the ruling, emphasized that the constitutional right of an accused person to a fair trial outweighs the witness protection concerns raised by the prosecution. He stated that in a criminal trial, the accused has the right to see and challenge their accuser, making it unconstitutional for Anas to testify while concealing his identity.
“The accused person’s fundamental right to a fair trial, including the ability to confront witnesses, takes precedence over any protective measures sought for the prosecution’s witness,” the court ruled.
Also Read: Full Story on Prophet Ogyaba and alleged ex-side chick ‘clash’
Court Criticizes High Court’s Handling of the Case
The Court of Appeal also criticized the High Court’s decision to reconsider the state’s request to allow Anas to testify in disguise. It held that the High Court was bound by an earlier Supreme Court ruling on the matter and should not have entertained a second application.
Citing the doctrine of stare decisis—which mandates lower courts to follow the rulings of higher courts—the Appeal Court ruled that the High Court had erred in revisiting an already settled legal issue.
“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.
Implications for Anas and the Nyantakyi Corruption Case
This ruling has major implications for both Anas Aremeyaw Anas and the ongoing corruption trial of former Ghana Football Association (GFA) President Kwesi Nyantakyi.
Anas, who has built his reputation on undercover journalism and often appears in public wearing a hood to protect his identity, will now be required to testify without his trademark disguise. This raises security concerns, as Anas has previously faced threats due to his investigative work exposing corruption.
Also Read: Veteran Actor Albert Odartei Jackson-Davis Laid to Rest
Nyantakyi, on the other hand, has been at the center of a legal battle following the release of Anas’ explosive 2018 “Number 12” documentary, which uncovered alleged corruption within Ghanaian football. The documentary, which led to Nyantakyi’s downfall, showed footage of him allegedly accepting bribes and engaging in unethical dealings.
With this latest ruling, Anas’ testimony—delivered in open court without concealment—will be a crucial moment in the trial, as his identity will be fully exposed to the defense and the public.
Legal and Public Reactions to the Ruling
The Court of Appeal’s decision has generated mixed reactions from legal experts, journalists, and the public.
- Supporters of the ruling argue that due process and fair trial principles must be upheld, ensuring that no witness testifies in disguise in a criminal case.
- Critics contend that Anas’ safety and ability to continue his investigative work may now be compromised, as public exposure could make him vulnerable to attacks.
Also Read: South African Influencer Kefilwe Mabote Burns Designer Clothing After Becoming Born-Again
Meanwhile, Ghana’s legal community is keenly observing whether the prosecution will seek further legal remedies, including an appeal to the Supreme Court, or if Anas will comply with the ruling and testify without his mask.
The Court of Appeal’s ruling on Anas Aremeyaw Anas’ testimony without a mask is a significant legal precedent in Ghana, balancing witness protection rights with the accused’s constitutional right to a fair trial.
With the corruption case against Kwesi Nyantakyi still unfolding, all eyes are on how Anas will respond and the broader implications this ruling may have on investigative journalism in Ghana.
Also Read: Obuasi Mine Tragedy: Bereaved Families Receive Bodies of Deceased Miners
Do you think this ruling strengthens justice or puts Anas at risk? Share your thoughts in the comments!
#Anas Aremeyaw
Source: Myjoyonline