The Supreme Court has overturned an earlier ruling by the Accra High Court that allowed Anas Aremeyaw Anas to testify against Kwesi Nyantakyi as a prosecution witness in private.
On Tuesday, November 8, 2022, the Supreme Court, presided over by Justice Baffoe-Bonnie, ruled that the High Court’s order granting Anas the special privilege lacked legal foundation.
The well-known investigative journalist is expected to testify as a prosecution witness in the criminal case Republic v Kwesi Nyantakyi & Others. It follows his undercover investigation titled ‘Number 12’, which revealed Nyantakyi, a former Ghana Football Association president, accepting bribes.
During a Case Management Conference in March 2022, the High Court 2, criminal division, presided over by her ladyship Elfreda Dankyi, granted the prosecution’s ORAL application for Anas Aremeyaw Anas to testify in camera as a prosecution witness.
However, Nyantakyi, through his lead counsel, Thaddeus Sory of Sory@Law, disagreed with the High Court order and petitioned the Supreme Court for a certiorari order to overturn it.
The defense legal team contended that:
1. the High Court’s order violated the applicant’s human rights as guaranteed by the 1992 Constitution.
2. That the order was made without regard for the court’s procedures and rules, which required a formal, rather than an oral, application in such circumstances.
3. Furthermore, the court’s order went beyond the court’s jurisdiction.
The Supreme Court agreed with Nyantakyi’s argument and declared the High Court’s order null and void, saying it lacked legal foundation.
Anas will now appear in court to testify in the case of Republic v Kwesi Nyantakyi & Others, just like any other person.
Meanwhile, he is set to premiere his latest undercover investigation, which focuses on illegal mining, also known as galamsey, and which he claims will astound Ghanaians.
The documentary, titled Galamsey Economy, will be shown at the Accra International Conference Center on Monday and Tuesday, November 14 and 15, respectively.
