The Court of Appeal has ruled that investigative journalist Anas Aremeyaw Anas must testify in open court without his trademark mask in the ongoing case of Republic v Kwesi Nyantakyi.
In a unanimous decision delivered on Thursday, January 30, 2025, a three-member panel of Justices—Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh—determined that Anas could not give testimony while concealing his identity.
Justice Ackaah Boafo, delivering the ruling, emphasized that an accused person’s constitutional right to a fair trial outweighs the state’s arguments for witness protection. The court maintained that in a criminal trial, the accused has the fundamental right to see and challenge their accuser.
Additionally, the Court of Appeal criticized the High Court for reconsidering the state’s request for Anas to testify in disguise, noting that a prior Supreme Court ruling had already addressed the matter. The justices held that the High Court was bound by precedent and erred in entertaining a second application on the issue.
“The doctrine of stare decisis requires lower courts to adhere to decisions of higher courts. Therefore, the High Court had no authority to revisit an issue already settled by the Supreme Court,” the ruling stated.
With this decision, Anas—famous for his undercover journalism—must appear in court without his signature hood when testifying in the case against former Ghana Football Association (GFA) President Kwesi Nyantakyi.
Nyantakyi is facing charges linked to Anas’ 2018 Number 12 documentary, which exposed alleged corruption in Ghanaian football.
