Why Supreme Court wants Anas to testify in court without his mask

Investigative journalist, Anas Aremeyaw Anas, is expected to testify in-camera in court against Kwesi Nyantakyi for his documentary dubbed ‘Number 12’.

This is after the Supreme Court quashed an Accra High Court order for the undercover journalist to appear in court in his trademark mask.

Presided over by Justice Baffoe-Bonnie on Tuesday, November 8, 2022, the Judge granted an application for certiorari filed by Kwesi Nyantakyi quashing the order of High Court 2, Criminal Division.

Anas will then appear as a prosecution witness in the criminal case entitled Republic v Kwesi Nyantakyi & Another.

In March 2022, during Case Management Conference, the High Court 2, criminal division presided over by her ladyship Elfreda Dankyi peremptorily granted an ORAL application by the prosecution for Anas Aremeyaw Anas to give evidence in camera as a prosecution witness in the case of Republic v Kwesi Nyantakyi and Another.

Kwesi Nyantakyi

But dissatisfied with the decision of the High Court, Mr Nyantakyi through lead counsel, Thaddeus Sory applied to the Supreme Court for an order of certiorari to quash the dispensation given to Anas Aremeyaw Anas by the High Court.

Nyantakyi’s writ

Kwasi Nyantakyi’s application was premised on three grounds which the Supreme Court upheld.

First, he filed that the order of the High Court offended his human rights as guaranteed under the 1992 Constitution.

Secondly, he said the order was made without regard to the procedures and rules of court which required that a formal and not an oral application be made in such circumstances.

Thirddly, To Nyantakyi, the order of the court was made in excess of jurisdiction of the court.

The Supreme Court upheld the application and quashed the order of the High Court as having been made without the requisite legal basis.

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