THE REPUBLIC v KWESI NYANTAKYI & ANOR.
January 30, 2025
CORAM
- OPPONG J.A. (PRESIDING) ACKAAH-BOAFO J.A. TANDOH J.A
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
- Evidence Law
- Civil Procedure
- Human rights Law
January 30, 2025
CORAM
AI Generated Summary
This interlocutory appeal stems from the prosecution’s effort to have investigative journalist Anas Aremeyaw Anas testify under protective conditions in the criminal case The Republic v. Kwesi Nyantakyi and Abdulai Alhassan (CR/0316/2021). After the High Court initially granted an oral in-camera request, the Supreme Court, on 8 November 2022, quashed that order as made without jurisdiction under the Constitution. The Republic later filed a second written motion; the High Court, differently constituted, partly granted it by ordering unmasking in chambers and masked testimony in open court. Both the Republic and Nyantakyi appealed. Writing for the Court of Appeal, Ackaah-Boafo JA holds that stare decisis under Article 129(3) bound the High Court, making its second ruling per incuriam, and further reasons that trial fairness and the accused’s rights to full answer and defence demand unmasked testimony. Oppong JA concurs, emphasizing precedent and the impermissibility of repeat applications absent new facts, while Tandoh JA agrees.
ACKAAH-BOAFO, JA:
i. Overview:
[1] My Lords, the central issue in this interlocutory appeal for our determination arises from an apparent conflict between the constitutional rights of a witness in a criminal proceeding pending before the High Court and the constitutional rights of the accused persons in that same proceeding. The Republic, as the Appellant, contends that the witness, Anas Aremeyaw Anas, an investigative journalist, must be allowed to testify in camera to protect his identity, given the nature of his work. The 1st accused, Mr. Kwesi Nyantakyi, a former president of the Ghana Football Association (GFA), who is facing criminal charges, contends that his right to make full answer and defence requires that the witness, he himself, his counsel, and the judge be able to see the accuser’s face when he testifies, particularly in conformity with the principle of public trials in criminal cases in our country.
[2] The 1st Accused/Respondent is standing trial in the suit titled “The Republic vs. Kwesi Nyantakyi and Abdulai Alhassan - CR/0316/2021” pending before the High Court, Criminal Court – 2, Accra. It is alleged that the 1st Accused/Respondent engaged in illicit activities while serving as the Chairman of the Ghana Football Association (GFA), the Vice President of the Confederation of African Football (CAF), and a Council Member of the Federation of International Football Associations (FIFA). These alleged activities were captured in a media documentary titled “Number 12: When Misconduct and Greed Become the Norm.” Specifically, the 1st and 2nd Accused/Respondents are charged with one count of conspiracy to commit a crime, namely fraud by an agent, contrary to Sections 23(1) and 145(1)(a) of the Criminal Offences Act, 1960 (Act 29), as well as corruption by a public officer, contrary to Section 239(1) of Act 29.
ii. The Background:
[3] The case concerns allegations of corruption and fraud involving the 1st and 2nd Respondents, both former executives of the GFA. The 1st Respondent held several high ranking positions in football administration, including President of the GFA and Vice President of the Confederation of African Football. The 2nd Respondent served as Northern Regional Chairman and a GFA Executive Committee member.
[4] Anas Aremeyaw Anas, an undercover investigative journalist, leading Tiger Eye PI, conducted a covert investigation into alleged corruption within the GFA between 2016 and 2018. His findings, presented in a d