Number 12: High Court Issues Ultimatum for GFA to Present Witnesses Against Nyantakyi
Accra High Court has issued a final ultimatum to the prosecution in the case involving former Ghana Football Association (GFA) president, Kwesi Nyantakyi. The court demanded the state to present witnesses to testify against Nyantakyi in relation to the fraud and other charges leveled against him; failure to comply risks the dismissal of the case.
Initially, the state identified five witnesses, including the renowned investigative journalist Anas Aremeyaw Anas, to provide testimony in the proceedings. Despite the submission of witness statements, none of the proposed witnesses have appeared before the court for testimony.
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Mrs. Justice Marie-Louise Simmons, the third judge overseeing the case since its inception in March 2020, expressed a strong inclination to have the case struck out. This decision came after state prosecutors disclosed that Anas Aremeyaw Anas declined to appear in court without a mask/hood for security reasons, citing concerns for his personal safety.
The state prosecutor revealed that Anas Aremeyaw Anas had urged the prosecution to challenge the High Court's directive that required him to reveal his face to the accused and their legal representatives before testifying.
A High Court ruling in May 2023 had mandated Anas Aremeyaw Anas to provide testimony against Kwesi Nyantakyi in an open court but with his identity concealed behind a mask. The order included a provision for Nyantakyi to view Anas's face in private before the testimony.
Mrs. Justice Marie-Louise Simmons, the third judge overseeing the case since its inception in March 2020, expressed a strong inclination to have the case struck out. This decision came after state prosecutors disclosed that Anas Aremeyaw Anas declined to appear in court without a mask/hood for security reasons, citing concerns for his personal safety.
The state prosecutor revealed that Anas Aremeyaw Anas had urged the prosecution to challenge the High Court's directive that required him to reveal his face to the accused and their legal representatives before testifying.
A High Court ruling in May 2023 had mandated Anas Aremeyaw Anas to provide testimony against Kwesi Nyantakyi in an open court but with his identity concealed behind a mask. The order included a provision for Nyantakyi to view Anas's face in private before the testimony.
This ruling followed a decision by the Supreme Court, led by Justice Baffoe-Bonnie in November 8, 2022, to grant an application for certiorari filed by Nyantakyi, overturning a previous order by Criminal Division High Court 2 for Anas Aremeyaw Anas to testify in-camera.
Notably, during the legal proceedings, Nyantakyi's legal team cited the prosecution's request for Anas Aremeyaw Anas to testify in-camera, a proposition that was contested during the Supreme Court sessions in April 29, 2022. The defense emphasized the importance of a formal application detailing the grounds for such a request, which had not been adequately provided to the High Court.
Despite the objections raised, the Supreme Court upheld Nyantakyi's plea, annulling the High Court's decision and underscoring the need for transparency and procedural clarity in the legal proceedings surrounding the case.
Anas Aremeyaw Anas, using his X page, formerly Twitter, released a statement from his legal team indicating that he might testify on behalf of the late Ahmed Suale, who was the main witness.
The statement mentioned that "Anas Aremeyaw Anas agreed to testify on behalf of Ahmed Suale under the condition that he could do so in-camera or in chambers," in response to the Supreme Court's order for him to testify without his mask.
It further stated that "Anas may opt to testify as a prosecution witness or choose not to. Anas and his Tiger Eye Pi team will continue wearing their iconic face beads as a symbol of impartial anonymity in investigative journalism and to highlight the significant risks involved in that line of work."
After the Supreme Court's decision, the High Court ruled that Anas should reveal his face to the accused persons before testifying.
The statement mentioned that "Anas Aremeyaw Anas agreed to testify on behalf of Ahmed Suale under the condition that he could do so in-camera or in chambers," in response to the Supreme Court's order for him to testify without his mask.
It further stated that "Anas may opt to testify as a prosecution witness or choose not to. Anas and his Tiger Eye Pi team will continue wearing their iconic face beads as a symbol of impartial anonymity in investigative journalism and to highlight the significant risks involved in that line of work."
After the Supreme Court's decision, the High Court ruled that Anas should reveal his face to the accused persons before testifying.
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An appeal was lodged at the Court of Appeal around five months ago, but no hearing date has been set, and no judgment has been delivered on the appeal.
During a court appearance on Wednesday, February 28, 2024, the High Court judge granted the state a deadline to present witnesses by the next adjourned date of April 30, 2024, or risk having the case dismissed.
Justice Comfort Kwasiwor Tasiame, the initial judge on the case, discharged the accused persons on March 11, 2021, after numerous adjournments due to delays in filing witness statements by the prosecution.
Counsel for the Republic, Victoria Asieduaa, proceeded to Criminal Court 2 of the High Court on March 24, 2021, seeking to have the case retried. Nyantakyi opposed this move and requested that the case be returned to Court 4. However, Justice Elfreda A. Dankyi ruled on June 7 that the case would be heard in her court.
An appeal was lodged at the Court of Appeal around five months ago, but no hearing date has been set, and no judgment has been delivered on the appeal.
During a court appearance on Wednesday, February 28, 2024, the High Court judge granted the state a deadline to present witnesses by the next adjourned date of April 30, 2024, or risk having the case dismissed.
Justice Comfort Kwasiwor Tasiame, the initial judge on the case, discharged the accused persons on March 11, 2021, after numerous adjournments due to delays in filing witness statements by the prosecution.
Counsel for the Republic, Victoria Asieduaa, proceeded to Criminal Court 2 of the High Court on March 24, 2021, seeking to have the case retried. Nyantakyi opposed this move and requested that the case be returned to Court 4. However, Justice Elfreda A. Dankyi ruled on June 7 that the case would be heard in her court.
The Republic submitted its initial witness statements two years ago, but none have appeared in court to testify as of yet.
March 4, 2024, will mark exactly four years since Kwesi Nyantakyi, the former CAF 1st Vice President and FIFA Council member, was brought before the Accra High Court.
Anas Aremeyaw Anas, in a statement on March 26, 2019, just a year after his exposé, called for the prosecution of Mr. Nyantakyi through an online petition.
"In Ghana, Nyantakyi was arrested and later granted bail. The police concluded their investigations into potential criminal misconduct by Nyantakyi.
"They presented their findings to the Attorney General last year, but to date, no action has been taken on the case," Anas stated.
"We urge you to JOIN us in urging the Attorney General to PROCEED with this case. Nyantakyi must face criminal charges for his actions that verge on criminality.
"We are reaching out to government bodies, sending letters, making calls, and using social media to push for progress in this case. We are also engaging with the media to raise awareness.
"If Nyantakyi is not held accountable, our fight against corruption will lose its meaning. It will also convey a message that the law only applies to the less privileged, while the wealthy and powerful can act with impunity," he emphasized.
In November of the same year, Mohammed Abdul Aziz, Member of Parliament for the Mion constituency, pressed for answers from the then Attorney General, Madam Gloria Akuffo, who assured Parliament that the government remained committed to prosecuting Kwesi Nyantakyi.
March 4, 2024, will mark exactly four years since Kwesi Nyantakyi, the former CAF 1st Vice President and FIFA Council member, was brought before the Accra High Court.
Anas Aremeyaw Anas, in a statement on March 26, 2019, just a year after his exposé, called for the prosecution of Mr. Nyantakyi through an online petition.
"In Ghana, Nyantakyi was arrested and later granted bail. The police concluded their investigations into potential criminal misconduct by Nyantakyi.
"They presented their findings to the Attorney General last year, but to date, no action has been taken on the case," Anas stated.
"We urge you to JOIN us in urging the Attorney General to PROCEED with this case. Nyantakyi must face criminal charges for his actions that verge on criminality.
"We are reaching out to government bodies, sending letters, making calls, and using social media to push for progress in this case. We are also engaging with the media to raise awareness.
"If Nyantakyi is not held accountable, our fight against corruption will lose its meaning. It will also convey a message that the law only applies to the less privileged, while the wealthy and powerful can act with impunity," he emphasized.
In November of the same year, Mohammed Abdul Aziz, Member of Parliament for the Mion constituency, pressed for answers from the then Attorney General, Madam Gloria Akuffo, who assured Parliament that the government remained committed to prosecuting Kwesi Nyantakyi.
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