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
- Constitutional Law
- Criminal Law and Procedure
- Evidence Law
- Civil Procedure
2025
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this interlocutory appeal arising from criminal proceedings against former GFA president Kwesi Nyantakyi and former executive Abdulai Alhassan, the Republic sought to have investigative journalist Anas Aremeyaw Anas testify in camera to protect his identity. An initial oral in-camera order by the High Court was quashed by the Supreme Court on November 8, 2022. The Republic filed a fresh written application, which a differently constituted High Court partly granted by requiring Anas to unmask in chambers but allowing masked testimony in open court. On cross-appeals, the Court of Appeal, per Ackaah-Boafo JA with Oppong JA concurring and Tandoh JA agreeing, held that stare decisis under Article 129(3) bound the High Court to the Supreme Courts decision, treated the second motion as a repeat application, and further found that fair trial rights require unmasking for cross-examination and credibility assessment. The Republics appeal was dismissed; Nyantakyis appeal was allowed; and the High Courts orders were set aside.
<u>Ackaah-Boafo, JA </u>
[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.
[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 fin