Investigative journalist Anas Aremeyaw Anas has been asked by the Court of Appeal to appear before them without his mask to testify.
The panel, which included Justices Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh, unanimously decided on Thursday, January 30, 2025, that Anas was not permitted to testify with his face hidden.
In his ruling, Ackaah Boafo JA emphasized that an accused person’s fundamental right to a fair trial takes precedence above the state’s cited witness protection rules.
The court decided that in a criminal trial, the accused person’s right to see and confront their accuser came first.
The High Court’s decision to reexamine the state’s request for Anas to testify under pretences was also criticized by the Court of Appeal.
It concluded that the High Court should not have considered a second application on the same issue because it was constrained by an earlier Supreme Court decision.
“The doctrine of stare decisis binds lower courts to the decisions of higher courts, and as such, the High Court erred in revisiting an issue already settled by the Supreme Court,” the ruling stated.
Due to this ruling, Anas, who is well-known for his undercover investigations, would have to testify in court without his trademark hood in the case against former Ghana Football Association (GFA) President Kwesi Nyantakyi.
Charges against Nyantakyi are related to the 2018 Number 12 documentary by Anas, which revealed purported corruption in Ghanaian football.
