Number 12 case:Court dismisses charges against Nyantakyi as Anas fails to testify

The High Court in Accra has officially dismissed the case against former Ghana Football Association (GFA) president, Kwasi Nyantakyi, and his co-accused, Abdulai Alhassan, after prolonged delays in prosecution.

The case, stemming from investigative journalist Anas Aremeyaw Anas’ exposé titled Number 12, was dropped after the prosecution repeatedly failed to present its key witness, including Anas himself.

Presiding over the case, Justice Marie-Louise Simmons ruled that the prolonged delay in calling witnesses had made it impossible to proceed, emphasizing that the court could not continue to wait indefinitely.

Background of the Case

Nyantakyi had been facing charges of fraud and corruption following the Number 12 documentary, which exposed alleged corruption within Ghanaian football. Together with Alhassan, he was accused of conspiracy to commit fraud, charges to which both men pleaded not guilty. The court had initially granted them bail of GH₵1 million each, with three sureties to be justified.

Since the charges were filed in 2021, the prosecution had struggled to move forward with its case, largely due to the absence of Anas, who was expected to testify. 

A major legal debate emerged over whether Anas would testify while wearing his signature mask, with the High Court initially ruling that he must reveal his face to Nyantakyi in chambers but could testify in open court while masked.

This decision was challenged by both the prosecution and the defense, leading to an appeal. On January 30, 2025, a three-judge panel at the Court of Appeal overturned the High Court’s ruling, ordering that Anas must testify in open court without a mask if he chose to take the stand.

Prosecution’s Request for Adjournment Denied

When the case was called on February 13, 2025, Anas was once again absent. State Attorney Derick Ackah Nyamekeh requested an adjournment, citing the need for guidance from the Attorney General following the Court of Appeal's decision. 

However, the defense, led by Baffour Gyau Bonsu Ashia, argued that the repeated delays were unfair to the accused and urged the court to dismiss the charges.

According to the defense, this was the fifth time they had petitioned for the case to be struck out due to prosecution delays. Ashia further revealed that Anas had informed the Attorney General of his unwillingness to testify, citing fears for his safety.

Court’s Ruling

Justice Simmons, after reviewing the case history, noted that the prosecution had failed to proceed for nearly four years despite multiple opportunities. She emphasized that the court had waited long enough, and the Attorney General’s internal deliberations could not justify further delays.

Given the circumstances, the court ruled in favor of the defense, dismissing all charges against Nyantakyi and Alhassan due to lack of prosecution. However, the ruling does not prevent fresh charges from being filed in the future should new evidence emerge.