The Court of Appeal has ruled that investigative journalist Anas Aremeyaw Anas must testify without his signature mask in the ongoing case of Republic v Kwesi Nyantakyi.
In a unanimous decision on Thursday, 30 January 2025, Justices Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh held that Anas could not conceal his face while testifying.
Ackaah Boafo JA emphasized that the constitutional right to a fair trial for the accused outweighs the witness protection principles cited by the state. The court ruled that the accused’s right to see and challenge their accuser took precedence.
The Court of Appeal also criticized the High Court’s reconsideration of the state’s request for Anas to testify in disguise. It stated that the High Court was bound by a previous Supreme Court ruling and erred in revisiting a settled matter. “The doctrine of stare decisis binds lower courts to the decisions of higher courts,” the ruling noted.
This decision means Anas will testify in court without his trademark hood in the case against former Ghana Football Association President Kwesi Nyantakyi, who faces charges related to Anas’ 2018 Number 12 documentary exposing alleged corruption in Ghanaian football.
