The High Court in Accra has discharged former President of Ghana Football Association (GFA) Kwasi Nyantakyi and another Abdulai Alhassan of charges leveled against them following the outcome of a documentary by investigative Journalist Anas Aremeyaw Anas titled #Number 12 Expose’.
This was after the High Court (Criminal Division) presided over by Justice Marie-Louise Simmons held that the prosecution had delayed in calling their witnesses, including Anas, and the Court “cannot wait” for them.
The former GFA president was charged with fraud and corruption over his involvement in Anas Aremeyaw Anas’ investigative exposé, #Number 12.
He, together with the former Northern Regional representative of the GFA, Abdulai Alhassan, were facing the charge of conspiracy to commit fraud.
They pleaded not guilty and were granted bail sum of GH₵1 million each with three sureties, to be justified.
But since 2021, when the charges were preferred against them, the Prosecution had failed to call their witnesses, including Anas Aremeyaw Anas, who was to testify.
Controversy surrounding Anas’ mode of testimony surfaced with the High Court ruling on May 17, 2023 that Anas unmasked to Nyantakyi in chambers but will testify in open Court with the mask on.
Both the Prosecution and the defense disagreed with the ruling of the High Court and appealed at the Court of Appeal.
On January 30, 2025, a three-member panel of the Court of Appeal set aside the ruling of the High Court judge and ordered that Anas should remove his mask and testify in open Court should he decide to testify as a witness.
In Court on Thursday, February 13, 2025 when the matter was called for the first time after the decision of the Court of Appeal, Anas was not present.
Derick Ackah Nyamekeh, a State Attorney had prayed the Court for an adjournment to be able to put their house in order based on the decision of the the Court of Appeal on January 30.
He also submitted that, “We have written a memo to the honorable Attorney General for his directions.”
Anas unwilling to testify
Baffour Gyau Bonsu Ashia, Counsel for Nyantakyi holding brief for Thaddeus Sory said it is about the 5th time “we are making this application for this court to strike out the charges against the accused on the basis that the matter has delayed.”
According to him, the Court had adjourned the matter at the instance of the prosecution on many times even when the order was that the prosecution witness will testify in-camera
Mr Ashia also submitted that Anas through a letter to the AG has indicated his “unwilling to testify because he feared for his life.”
“In order not to keep the charges hanging on the accused persons, it is our prayer that my lady exercise discretion and strike out the charges hanging on the accused persons,” Mr Ashia submitted.
By Court
Justice Marie-Louise Simmons after listening to the parties said, the court has for some years now waited for prosecution to start the trial.
The Court said the charge sheet was filed on March 16 2021 while disclosures were filed on July 6 2022 which was for five witnesses including Anas to testify.
Mrs Simmons recounted that, the Court had a ruling only on the mode of testimony by abas on May 17 2023 and an appeal was filed against the ruling by both parties.
Justice Simmons said, the High Court had been “waiting patiently for the Court of Appeal” while urging the Prosecution to open its case using the other witnesses.
But that was not taken by the Prosecution and the Court subsequently strike out the witness statements of those witnesses.
The Court also note with concern prosecution’s submission that a Memo has been generated for the Attorney General directive, this the court was such a memo is for internal decision
The Court again observed that the accused persons have been waiting for the nearly four years and the Court also “cannot wait”
Consequently, Justice Simmons discharged the accused persons (Kwesi Nyantakyi and Abdulai Alhassan) for want of prosecution.
According EIB Network’s Legal Affairs Correspondent, Murtala Inusah, the decision of the High Court means that, Nyantakyi and Alhassan are free of the charges until fresh arrest is made and new charges filed against them.
Background
The embattled former GFA president, Nyantakyi, came under heavy criticism after the content of Anas Aremeyaw Anas’ investigative piece entitled Number 12 was aired in Ghana on June 6, 2018.
The video captured Nyantakyi allegedly taking $65,000 (approximately £48,000) from an undercover reporter pretending to be a businessman.
The video, among other things, also captured top officials of the football association, including its president, Nyantakyi, allegedly taking bribes to influence the invitation of players to the national team, to influence the duration of playing time offered to some players, and to influence the selection of unfit players and referees to participate in games.
Number 12 also exposed more than 100 referees allegedly taking bribes to manipulate the outcome of games in favor of certain teams.
Following the first screening of the video, which attracted more than 3,000 people, many called for the complete dissolution of the Ghana Football Association (GFA) and the immediate resignation of its embattled president, Kwesi Nyantakyi.
Nyantakyi, who was also the first vice president of the Confederation of African Football (CAF), eventually resigned from all football-related positions shortly after the video was aired.
FIFA subsequently suspended Kwasi Nyantakyi and later banned him for life.
