The Court of Appeal has ruled that investigative journalist Anas Aremeyaw Anas must testify in open court without his signature mask in the ongoing case of Republic v. Kwesi Nyantakyi.
In a unanimous decision delivered on Thursday, 30 January 2025, the panel—comprising Justices Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh—held that Anas could not testify while concealing his face.
Delivering the ruling, Ackaah Boafo JA emphasised the constitutional right of an accused person to a fair trial, stating that this right supersedes the witness protection principles invoked by the state.
The court ruled that the accused person’s right to see and challenge their accuser in a criminal trial took precedence.
Furthermore, the Court of Appeal criticised the High Court’s decision to reconsider the state’s request for Anas to testify in disguise. It held that the High Court was bound by a previous Supreme Court ruling on the same matter and should not have entertained a second application on the issue.
“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.
This decision means Anas, known for his undercover investigative work, will have to appear in court without his trademark hood when testifying in the case against former Ghana Football Association (GFA) President Kwesi Nyantakyi.
Nyantakyi is facing charges stemming from Anas’ 2018 Number 12 documentary, which exposed alleged corruption in Ghanaian football.