Supreme Court quashes High Court’s ruling to allow Anas testify in-camera
In an application dated April 29, 2022, Mr. Nyantakyi described the High Court’s decision as ‘erroneous’, thus seeking the apex court to quash the same.
The Supreme Court has granted an application by former President of the Ghana Football Association, Kwasi Nyantakyi, challenging an order of the High Court permitting investigative journalist, Anas Aremeyaw Anas to testify in-camera, in the criminal trial against him.
In an application dated April 29, 2022, Mr. Nyantakyi described the High Court’s decision as ‘erroneous’, thus seeking the apex court to quash the same.
On Tuesday, November 8, 2022, the Supreme Court presided over by Justice Baffoe-Bonnie, upheld Mr. Nyantakyi’s application and thus quashed the order of the High Court as having been made without the requisite legal basis.
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.
When Kwasi Nyantakyi filed his application at the Supreme Court in April, he argued that his side was vehemently opposed to the court’s decision to allow the CEO of Tiger Eye PI, Anas Aremeyaw Anas, a principal witness in the matter, give his testimony in-camera.
His application added further that the reasons for which the prosecution made the in-camera prayer to the court were unclear because he believes that a formal application would have offered his side an opportunity to know why the Republic wants the witness to testify in-camera.
This objection was however ignored by the High Court culminating into his motion invoking the apex court’s jurisdiction and seeking Anas Aremeyaw Anas to testify in open court and not in-camera.
Moreover, the application states that per the Constitution of Ghana, court hearings are required to be done in public, thus the High Court’s order is erroneous irrespective of the fact that adjudicating authorities may at times order for the conduct of proceedings from the purview of the public in the interest of public morality, order and safety.
Additionally, Mr Nyantakyi notes the public interest will be better served if Anas is rather made by the Supreme Court to testify in open court adding that the “Number 12” expose for which he is in court, was premiered in the public interest by Tiger Eye PI.
