Supreme Court Orders Anas to Testify Without Mask in Nyantakyi Case.
In a significant legal development, the Supreme Court of Ghana has ruled that investigative journalist Anas Aremeyaw Anas must testify without his trademark mask in the ongoing criminal case against former Ghana Football Association President, Kwesi Nyantakyi. This decision overturns a previous High Court order that had permitted Anas to testify in camera.
The Supreme Court’s ruling emphasizes the constitutional right of an accused person to a fair trial, which includes the ability to confront their accuser. By mandating that Anas testify openly, the court underscores the principle that the accused must have the opportunity to see and challenge their accuser, a fundamental aspect of justice.
This case originates from Anas’s 2018 “Number 12” exposé, which allegedly captured Nyantakyi accepting cash gifts and engaging in influence peddling. Following the exposé, Nyantakyi resigned from his positions as GFA President, FIFA Council Member, and 1st Vice President of the Confederation of African Football (CAF). He was subsequently banned for life by FIFA and fined 500,000 Swiss Francs, though the ban was later reduced to 15 years by the Court of Arbitration for Sport (CAS).
The Supreme Court’s decision has significant implications for the balance between witness protection and the rights of the accused. While Anas is renowned for his undercover journalism and has legitimate concerns for his safety, the court has determined that the rights of the accused to a fair trial take precedence in this instance.
This ruling sets a precedent for how courts may handle cases involving undercover journalists and the extent to which anonymity can be maintained during legal proceedings. It also highlights the ongoing tension between ensuring the safety of investigative journalists and upholding the constitutional rights of individuals on trial.