Nyantakyi's motion : SC gives Principal State Attorney seven days to file Statement of Case
"It is our humble view that you will allow time to file our statement of the case in response to the application. That is our humble prayer, my Lords."
The Supreme Court has given the Republic seven days to file its statement of case in a motion filed by a former president of the Ghana Football Association, Kwasi Nyantakyi challenging an order of the High Court sitting on a case against him.
Per the motion dated April 29, 2022, Mr. Nyantakyi describes as “erroneous” the decision by the court to allow the principal witness in the case, Anas Aremeyaw Anas to testify in-camera thus seeking the apex court to quash the same.
He notes that even though his lawyer vehemently opposed that request, the same was ignored by the High Court in the absence of a formal application by the prosecution.
When the case was called today, May 24, 2022, Principal State Attorney, Ms. Dufie Prempeh told the court that while the application was served on them on May 4, 2022, the same was set on a civil division instead of a criminal division.
Also when she was called to move the motion, she asked the court to grant an extension of time to file a statement of the case.
"It is our humble view that you will allow time to file our statement of the case in response to the application. That is our humble prayer, my Lords."
The panel presided over by Justice Agnes Dordzie and consisting of Justice Mariama Owusu, Justice Henrietta Mensa-Bonsu, Justice Lovelace Johnson, and Justice Prof. Nii Ashie Kotey, therefore, granted permission to the AG's representative to file its statement of case within seven days, after which a date would be set to hear the substantive application.
On his part, Justice Prof. Nii Ashie Kotey was unhappy about the AG's behavior.
Background
Former 1st Vice President of CAF, Kwasi Nyantakyi is standing trial with Abdullai Alhassan who are facing three charges; fraud, conspiracy to commit fraud, and fraud for their roles in the Number 12 documentary.
In March 2021, Mr. Kwasi Nyantakyi was discharged by the High Court(Criminal Court Division 4) presided over by Justice Comfort Tasiame because the case had been adjourned for more than a year.
However, the Republic proceeded to the High Court on March 24, 2021, to have the case heard afresh.
Subsequent to this, there was a disagreement on the part of the accused and the prosecution as to the appropriate court to try his case culminating in an application against the Republic’s decision to go to the Criminal Court.
He insisted that the case be taken back to Criminal Court 4.
This was however settled on June 7, 2021, by Justice Elfreda A Dankyi when she ruled that the case be heard in her court.
