Ace Investigative Journalist Anas Aremeyaw Anas has said it will be improper for him to disclose his identity to Kwasi Nyantakyi in the case he is expected to testify as Witness against the former Ghana Football Association (GFA) president.
According to Anas, disclosing his identity to the accused persons will jeopardize his security and it will be amount to “signing his death warrant.”
Following his documentary titled #Number 12 Exposé.’ which exposed bribery and corruption associated with the country’s football, led to Mr Nyantakyi been barred by FIFA and subsequently charged.
The trial is yet to commence since June 29, 2021 almost three years since Mr Nyantakyi pleaded not guilty to the charge of fraud by agent and corruption over his involvement in the Anas #Number 12 Exposé.
He is also facing the charge of Conspiracy to commit fraud with the former Northern Regional Representative of the GFA, Abdulai Alhassan.
Principal State Attorney (PSA), Duffie Prempeh told the Court presided over by Justice Marie-Louise that their first Witness, Anas Aremeyaw Anas has said given the danger to his personal safety, “it will not be proper for him to disclose his identity” to the accused persons.
This was in response to the Court’s earlier ruling that, Anas would unmasked to the accused persons and their lawyers in the chambers of the Court before appearing in open Court to testify in mask.
This ruling, the Prosecution has said they are appealing.
“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.
*Death warrant*
The Principal State Attorney also told the Court that, the Investigative Journalist said, disclosing his identity to testify for the Prosecution will 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 and 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 the Court.
*Strike out criminal suit*
Lawyer Baffour Gyau Bonsu Ashia who was holding lawyer Thaddeus Sory and Charles Lwanga Puozuing’s brief for the accused persons prayed for the criminal suit to be struck out for want of Prosecution and accused persons discharged.
According to him, the prosecution has been indulged numerous occasions for them to put their house in order to open their case, but has since failed.
“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 stand still 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 witness, 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 the 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 to 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.
Content by: Murtala Inusah
