The Court of Appeal on Thursday, January 30 unanimously held that ace investigative journalist Anas Aremeyaw Anas cannot testify as a witness in the case involving former President of the Ghana Football Association (GFA) Kwesi Nyantakyi with a face cover.
An Accra High Court had ruled that Anas Aremeyaw Anas could testify in disguise albeit the accused seeing his face in camera.
This was, however, challenged at the Supreme Court by lawyers of Kwesi Nyantakyi.
The apex court of the land consequently granted the accused’s request, ordering the award-winning journalist to testify without his trademark hood.
It was after this ruling that Anas’ lawyers filed the appeal.
However, Justice Ackaah Boafo on Thursday declared that the accused, Kwesi Nyantakyi, has the right to a fair trial vis-a-vis the witness protection principles of law, stressing that the constitutional rights of an accused person in a criminal matter held sway.
In a unanimous decision, the court further decided that following the previous decision of the Supreme Court on an application for judicial review on the same subject, the trial High Court ought not to have considered the second application by the state for Anas Aremeyaw Anas to testify with a hood or cover of his face.
The court emphasized that by the doctrine of “stare decisis”, the High Court was bound by the previous decision of the Supreme Court on the same issue.
Nyantakyi is facing trial for alleged corruption following a documentary published by Anas Aremeyaw Anas.
‘Number 12: When Greed and Corruption Become the Norm’ exposed systemic corruption in Ghana football.