The Accra High Court’s initial decision allowing Anas Aremeyaw Anas to testify against Kwesi Nyantakyi as a prosecution witness in camera has been overturned by the Supreme Court.
According to myjoyonline.com, on Tuesday, November 8, 2022, the Supreme Court, presided over by Justice Baffoe-Bonnie, declared that the High Court’s order granting Anas the exceptional privilege lacked legal support.
In the criminal case known as Republic v. Kwesi Nyantakyi & Another, the renowned investigative journalist is anticipated to provide testimony as a prosecution witness. It comes after his undercover investigation, “Number 12,” which exposed Nyantakyi as accepting bribes while serving as head of the Ghana Football Association.
In March 2022, during Case Management Conference, the High Court 2, criminal division presided over by her ladyship Elfreda Dankyi peremptorily granted an ORAL application by the prosecution for Anas Aremeyaw Anas to give evidence in camera as a prosecution witness.
But Nyantakyi, through his lead counsel, Thaddeus Sory of Sory@Law, disagreed with the High Court order and then proceeded to the Supreme Court for an order of certiorari to quash it.
The defence legal team argued that:
1. The order of the High Court offended the human rights of the applicant as guaranteed under the 1992 Constitution.
2. That the order was made without regard to the procedures and rules of court which required that a formal and not an oral application be made in such circumstances
3. And the order of the court was made in excess of the jurisdiction of the court.
The Supreme Court agreed with Nyantakyi’s argument and declared the High Court’s order null and void, adding that it lacked legal basis.
Anas will now appear in court to testify just like any other person in the case of Republic v Kwesi Nyantakyi & Another.
Meanwhile, he is expected to premier his latest undercover investigation which focuses on illegal mining, popularly known as galamsey, which he says will leave Ghanaians shocked.
Titled Galamsey Economy, the exposé is scheduled to show on Monday and Tuesday, November 14 and 15 respectively at the Accra International Conference Center.