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THE REPUBLIC v. KWESI NYANTAКYI & ANOR

2025

COURT OF APPEAL

GHANA

CORAM

  • OPPONG, J.A. (PRESIDING)
  • ACKAAH-BOAFO, J.А.
  • TANDOH, J.А.

Areas of Law

  • Criminal Law and Procedure
  • Constitutional Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

This interlocutory appeal arose from competing constitutional rights in a corruption trial against former Ghana Football Association President Kwesi Nyantakyi. After the Supreme Court had quashed an earlier High Court order allowing undercover journalist Anas Aremeyaw Anas to testify in camera, the prosecution filed a second, written application seeking essentially the same relief. The High Court, differently constituted, ordered Anas to reveal his face only in chambers and to testify masked in open court. Both the Republic and the first accused appealed. Delivering the lead judgment, Ackaah-Boafo JA held that the High Court was bound by the Supreme Court’s earlier ruling and had no jurisdiction to grant the repeat application. The Court of Appeal therefore dismissed the Republic’s appeal, allowed the first accused’s appeal, and set aside the High Court’s May 17 2023 order, confirming that the witness must testify unmasked to preserve the accused’s fair-trial rights. A concurring opinion by Oppong JA reinforced the stare decisis rationale, while Tandoh JA simply agreed.

JUDGMENT