Investigative journalist Anas Aremeyaw Anas has stated that he cannot disclose his identity to Kwasi Nyantakyi if he is expected to testify as a witness against the former Ghana Football Association (GFA) president.
Anas explained that revealing his identity to the accused could jeopardize his security and be akin to “signing his death warrant.”
Following Anas’ documentary titled “#Number 12 Exposé,” which uncovered bribery and corruption in Ghana’s football, Nyantakyi was banned by FIFA and subsequently charged. However, the trial has yet to commence since June 29, 2021, almost three years after Nyantakyi pleaded not guilty to charges of fraud by agent and corruption related to the exposé.
Nyantakyi is also facing a charge of conspiracy to commit fraud with the former Northern Regional Representative of the GFA, Abdulai Alhassan.
The Principal State Attorney, Duffie Prempeh, informed the Court presided over by Justice Marie-Louise that their first witness, Anas Aremeyaw Anas, has expressed concerns about his personal safety, stating that it would not be appropriate for him to reveal his identity to the accused persons.
In response to the Court’s ruling that Anas would reveal the accused persons and their lawyers in the chambers of the Court before testifying in open court in a mask, the prosecution has indicated that they will appeal this decision.
“My Lady respectfully, we are expected to bring our witness today, (Wednesday February 28),” the PSA told the Court.
“However, following your ruling on our application regarding the mode of testimony of our witness, Anas Aremeyaw Anas, the Attorney General extended an invitation to the witness to avail himself for pre-trial conference and ultimately to present his testimony in Court,” she said.
The Principal State Attorney also informed the Court that the investigative journalist stated that disclosing his identity to testify for the Prosecution would amount to signing his death warrant.
“My Lady, in response to our letter, Anas indicated that given the danger to his personal safety, it will not be proper for him to disclose his identity to the Accused persons their counsel.
“Anas Aremeyaw Anas is convinced that by virtue of the nature of his work, disclosing his identity will be tantamount to signing his death warrant.
“He indicated further that his colleague, Ahmed Suale was gunned down after an engagement with the law office. My Lady, he said that the State Security has been withdrawn,” The Principal State Attorney stated.
“He has therefore impressed upon us to appeal this Court’s decision which we have done. But the appeal is not ripe for hearing.
“We are therefore pleading with the Court to grant us enough time to pursue our appeal to its logical conclusion in the interest of justice.
“My Lady for the sake of coherence, it will be proper to start with Anas because with the other witnesses, it was just a conversation that happened prior to the event so they did not witness the event that occurred. My Lady, that is our humble prayer,” the PSA prayed to the Court.
Lawyer Baffour Gyau Bonsu Ashia, representing the accused persons, requested that the criminal suit be dismissed due to lack of prosecution and that the accused persons be discharged. He argued that despite several opportunities given to the prosecution to prepare their case, they have failed to do so.
“My Lady, it is our humble prayer that the criminal suit against the Accused persons be struck out for want of prosecution.
“My Lady, the basis of this prayer is that my Lady has indulged the Prosecution on numerous occasions for the Prosecution to put their house in order and open their case,” Counsel submitted.
While pointing to an appeal filed by the Prosecution, Mr Ashia said, “the State filed an appeal against this Court’s decision and brought a Stay of Proceedings which was dismissed.”
“My Lady, as we speak for almost five (5) months now, nothing has been done about the appeal, we have not been told that the record has been transmitted to the Appellate Court, we have also not been told that Form 6 has been issued for the appeal to be heard,” Counsel argued.
He said, the criminal trial which hangs on the necks of the Accused persons, has led to their lives coming to a standstill ever since they were presented before the Court.
“My Lady, striking this matter out does not mean that the matter has been heard on its merits.
“They can always come back if they want. Life must go on. It is our humble prayer that they have four (4) other witnesses, it is not just the witnesses from Tamale.
“They have the Investigator who is seized with all the facts, he did the investigations, they can call him but they have failed to do so.
“In this circumstance, we humbly pray that this Court exercises its discretion and strike out this matter,” Counsel submitted.
April ultimatum
Justice Marie-Louise Simmons, the presiding judge said, though nothing inhibits the Court from striking out the case, the Court will grant the Prosecution sometime up to April you do the needful.
The Court said, if by April, no meaningful steps have been taken in their appeal, the accused persons would be discharged.
“I have heard and considered the submissions made by both counsel this morning. Indeed there should have been no inhibition on my part to strike out the case.
“It is most clear that the Prosecution is not ready to prosecute the case now.
“Their failure to call other witnesses who have been listed seems surprising. It does not matter how minimal the role of each witness is to a trial, once the witness would contribute to a part of an element to be proved in a criminal charge, that witness would be important and can be called.
“I am however reluctant to strike out the case now because of the pending appeal against the ruling at the Court of Appeal.
“I am eager to receive the response of the Court of Appeal on the ruling.
“In the circumstance, notwithstanding the dismissal of the Stay of Proceedings filed earlier by the Prosecution, I would have the case adjourned to April. I am aware that I should not adjourn a criminal trial beyond a month but I will make an exception to this rule.
“I will allow the Accused persons some breathing space while we see the next step taken by the Prosecution at pursuing this appeal against the ruling,” the Court said.
“If by April, no meaningful steps have been taken in the Appeal, the two (2) the Accused persons will be discharged.
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