Anas Must Testify In Open Court Unmasked – Court of Appeal

Anas Aremeyaw Anas

 

The Court of Appeal has set aside the decision of a High Court in Accra to allow Anas Aremeyaw Anas to wear his mask before testifying in the trial of former President of the Ghana Football Association (GFA), Kwasi Nyantakyi.

A three-member panel of the second highest court presided over by Justice Anthony Oppong, in a unanimous decision this morning, held that Anas has not made a case that he fell under the exception rules for him to conceal his face while testifying in the trial.

The Court acknowledged the controversy surrounding Anas Aremeyaw Anas and his investigative methods, but asserted that these broader public policy debates were not relevant to this proceeding.

It said the key issue was whether the judge’s decisions—requiring Anas to testify in open court while wearing a mask and revealing his identity to the accused and their lawyers in chambers—compromised the fairness of the trial.

The court was of the opinion that Mr. Nyantakyi’s right to fair trial would be jeopardized if his accuser is allowed to cover his face before testifying, as the trial judge may not have the opportunity to examining the demeanour of the witness and also restricts the cross-examiner from interpreting non-verbal cues, which can influence questioning and the understanding of testimony.

The court was also of the opinion that the claim that Ahmed Suale was murdered after his identity was disclosed could not be substantiated as there is no evidence linking Mr. Nyantakyi to the murder.

The court again held that the High Court lacked jurisdiction to hear the prosecution’s second application for the case to be heard in-camera since the Supreme Court’s certiorari quashing the court’s decision on the oral application was binding.

Touching on Anas’ security as a result of showing his face in court, the Appellate court held that Anas is known to many people, including peers and classmates, and thus the claim about the danger of him being seen in court was exaggerated and lacked merit.

The court, therefore, quashed the May 2023 decision of the High Court which conditionally granted Mr. Nyantakyi the opportunity to see the face of Anas in her chambers before proceeding to testify in open court while wearing the masks.

High Court Decision

The High Court presided over by Justice Marie Louise Simmons in May 2023, had ruled that Anas, for the purposes of fair trial would reveal his face to Mr. Nyantakyi in her chambers.

Mr. Nyantakyi is before the court together with a former member of the executive committee of the GFA, Abdulai Alhassan, charged with three counts of conspiracy to commit fraud, fraud and corruption.

The trial is as a result of alleged shady deals which were exposed by Anas Aremeyaw Anas in his ‘Number 12’ investigative piece which exposed alleged corrupt dealings at the GFA.

The prosecution, during case management, orally urged the court to allow Anas to testify in-camera and the court granted it.

But counsel for Mr. Nyantakyi took the issue to the Supreme Court, and the Apex Court quashed the decision of the High Court.

The prosecution subsequently filed an application before the court asking for an in-camera hearing for Anas but the defence opposed it and urged the court to order Anas to testify in open court while taking off his mask.

The court, presided over by Justice Marie Louise Simmons, in her ruling, indicated that the court has discretion to determine whether to consider certain issues in chambers in-camera as opposed to hearing it in open court.

She therefore, decided that Anas unmasks in her chambers before testifying in open court on his mask.
The prosecution then challenged this decision at the Hogh Court arguing that puts Anas’ life in danger due to the nature of his judge.

Anas Position

Anas has already indicated that he will not be testifying in the trial due to the order by the High Court directing him to show his face to the accused person.
His firm, Tiger Eye PI, in a statement said the decision for Anas to withdraw his testimony in the trial is because showing his face to Mr. Nyantakyi will severely compromise his physical security and personal safety.

BY Gibril Abdul Razak

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