[2025]DLCA17922January 30, 2025Court of Appeal

THE REPUBLIC vs. KWESI NYANTAKYI & ABDULAI ALHASSAN

The case concerns criminal charges against Kwesi Nyantakyi and Abdulai Alhassan, former executives of the Ghana Football Association, accused of conspiracy to commit fraud and corruption based on evidence from an undercover investigation by journalist Anas Aremeyaw Anas. The prosecution sought to have Anas testify incamera to protect his identity, which was opposed by the accused on grounds of fair trial rights.

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JUDGMENT Ackaah-Boafo, JA i. Overview: [1] My Lords, the central issue in this interlocutory appeal for our determination arises from an apparent conflict between the constitutional rights of a witness in a criminal proceeding pending before the High Court and the constitutional rights of the accused persons in that same proceeding. The Republic, as the Appellant, contends that the witness, Anas Aremeyaw Anas, an investigative journalist, must be allowed to testify in camera to protect his identity, given the nature of his work. The 1st accused, Mr. Kwesi Nyantakyi, a former president of the Ghana Football Association (GFA), who is facing criminal charges, contends that his right to make full answer and defence requires that the witness, he himself, his counsel, and the judge be able to see the accuser’s face when he testifies, particularly in conformity with the principle of public trials in criminal cases in our country. [2] The 1st Accused/Respondent is standing trial in the.....