The Court of Appeal has ruled that investigative journalist Anas Aremeyaw Anas must testify in open court without his signature mask.
The ruling delivered on Thursday, January 30, 2025, applies to the ongoing case of Republic v. Kwesi Nyantakyi.
A panel of Justices Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh unanimously decided that Anas could not testify while concealing his identity. Justice Ackaah Boafo emphasized that an accused person’s constitutional right to a fair trial outweighs any claims of witness protection.
He emphasized the constitutional right of an accused person to a fair trial, stating that this right supersedes the witness protection principles invoked by the state. The court ruled that the accused person’s right to see and challenge their accuser in a criminal trial took precedence.
It also criticized the High Court for reconsidering the state’s request to allow Anas to testify in disguise. The judges stated that the High Court should have adhered to a previous Supreme Court ruling on the same matter.
The ruling stated, “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.”
With this decision, Anas must appear in court without his trademark hood when testifying against the former GFA president. Nyantakyi faces charges linked to Anas’ 2018 Number 12 documentary, which exposed alleged corruption in Ghanaian football.
