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
2025
COURT OF APPEAL
GHANA
CORAM
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.
<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