Anas to testify without mask in Number 12 case-Court of Appeal

In a unanimous verdict delivered on Thursday, January 30, 2025, a three-member panel comprising Justices Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh determined that Anas could not provide testimony while concealing his identity.

Is allowance instantly strangers applauded

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 verdict delivered on Thursday, January 30, 2025, a three-member panel comprising Justices Anthony Oppong, Ackaah Boafo, and Aboagye Tandoh determined that Anas could not provide testimony while concealing his identity.

Justice Ackaah Boafo, who delivered the ruling, emphasized that the constitutional right of an accused person to a fair trial outweighs the state’s arguments for witness protection. The court underscored that in a criminal trial, the defendant’s right to confront and cross-examine their accuser takes precedence over any security concerns raised.

"Consequently, in my opinion, the Respondents’ right to a fair can only be upheld in the specific circumstances of this case by requiring the witness to remove his mask before testifying. 

Therefore, I hold that the ruling dated May 17, 2023, by the High Court, Criminal Division, Accra along with all consequential orders, should be set aside. Accordingly, it is hereby set aside," the court held

Additionally, the appellate court faulted the High Court for reconsidering the state’s request to allow Anas to testify while disguised. It held that the High Court was bound by an earlier Supreme Court decision on the same matter and should not have entertained a second application on the issue.

As a result of this decision, Anas, who is widely recognized for his undercover investigative work, must appear in court without his trademark hood while testifying against former Ghana Football Association (GFA) President Kwesi Nyantakyi.

Former 1st Vice President of CAF, Kwasi Nyantakyi is facing three charges; fraud, conspiracy to commit fraud, and fraud for their roles in the Number 12 documentary.