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Quash ‘erroneous’ order of High Court for Anas to testify in camera – Nyantakyi pleads with Supreme Court
Former President of the Ghana Football Association (GFA), Kwesi Nyantakyi has invoked the jurisdiction of the Supreme Court to quash an order of the Accra High Court for Anas Aremeyaw Anas to testify in camera.
The former FIFA Council member described as ‘erroneous’ a decision of the High Court to have the testimony of the CEO of Tiger Eye PI outside public view, claiming due process was not followed.
An application at the Supreme Court on April 29, 2022, noted that the Republic requested an in-camera hearing of Anas Aremeyaw Anas, the principal witness of the matter between the Republic and Mr Nyantakyi.
“Our witness Anas Aremeyaw Anas we pray that his testimony is heard in camera,” the prosecution applied to the court orally in March.
However, the application was opposed by the Applicant’s lawyer who insisted that the High Court gave a dispensation without the facts and grounds of the application formally set out in an application to the Court.
A portion of the application said “…it is evident from Applicant’s lawyer’s objections to how the High Court’s discretion was invoked for a dispensation that the reasons for which the prosecution made the prayer were not clear.
“This is put beyond doubt by Applicant’s lawyer’s submission which is captured in the record as follows;
“…this will have the opportunity to let us know why he wants to testify in camera. (sic)”
Applicant’s lawyer preceded the reason above stated by the submission that; “…it is proper he comes formally, file a motion and support with an affidavit why his witness wants to testify in camera….”
“The High Court ignored Applicant’s lawyer’s objection to the prosecution’s prayer for its witness to testify in camera and proceeded to deliver itself of the decision which is the subject of the application before the Court,” it stated.
Mr Nyantakyi, who was rearrainged before Criminal Court 2 of the High Court on March 24, 2021, after he was discharged by Criminal Court 4 of the same court on March 11, 2021, by Justice Comfort Kwasiwor Tasiame wants Anas to testify in open court and not in-camera.
His legal team noted that, the constitution requires the “Court to conduct hearings in public”, and that the High Court order for the CEO of Tiger Eye PI to testify in-camera is ” erroneous,” as it violates the Constitution, though they noted the adjudicating authority may order that its proceedings be held outside the public view in the interest of “public morality, public safety, or public order.”
They, however, argue, that if “Number 12” was premiered in the public interest as alleged by Tiger Eye PI, the testimony of Anas Aremeyaw Anas should be given in open court for the public interest to be fully served.
Nyantakyi, a former 1st Vice President of CAF, and FIFA Council member was discharged in March 2021 by Justice Comfort Tasiame of Criminal Court 4 of the Accra High Court on the basis that the case had adjourned for more than a year.
She noted in her decision that “I think the prosecution may need a longer time to put their house in order. It’s been one year since we set out to do a case Management Conference but due to the excuse by the Learned Counsel for the Republic, that they have a witness statement to file, we kept adjourning this case till today.
“I think in these modern times there can be a way out for prosecution who has the whole state apparatus behind her to file a witness statement without us going and coming.”
“Justice delayed they say Justice denied. Justice is two-way traffic for prosecution and accused as well,” the respected Judge noted.
“As it stands now, I have no option other than to discharge the accused persons. Any time prosecution is ready, they can do the needful.
“Accused persons are discharged,” Justice Comfort ruled.
However, Counsel for the Republic Victoria Asieduaa, proceeded to Criminal Court 2 of the High Court on March 24, 2021, to have the case heard afresh.
Nyantakyi filed an opposition against the move of the Republic, requesting that the case be taken back to Court 4, but on June 7, Justice Elfreda A. Dankyi ruled that the case will be heard in her court.
The Republic finally filed its witness statements after two years since the former WAFU B President was charged, and wants his testimony in camera, which was granted on March 9, 2022.
“The court is of opinion that based on the relevant sections (sic) of the Constitution the testimony of the witness Anas Aremeyaw Anas will be held in camera,” Justice Dankyi ruled.
However, there are arguments that, first, the premiere of the ‘Number 12’ documentary was done in the open without any security concerns, so why would a hearing in court with full security be done in camera and not in an open court?
“Tiger Eye PI and its CEO, Anas Aremeyaw Anas went public with the video documentary because it was in the public interest and should have his testimony in open court, too. The public has an interest in his testimony,” they said.
The Supreme Court is expected to hear the matter on May 24, 2022.
Kwesi Nyantakyi and Abdulai Alhassan were slapped with three charges including fraud by the Accra High Court in March last 2020.
Two other charges were conspiracy to commit fraud and fraud for their roles in a documentary dubbed number 12 by Tiger Eye PI.
They have made almost 20 appearances in court since the case began two years ago.
Source: www.myjoyonline.com
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Swedru All Blacks back to winning ways, Roshan humble King Faisal
Sekondi Rospak FC made it eight wins in eight successive home games after three second-half goals from John Amoah, Joseph Ntow and Stephen Anthony Kofi. John Amoah opened the scoring in the 55th minute after a barren first half. Joseph Ntow added to the tally in the 56th minute before Stephen Anthony Kofi rounded things up in the 74th minute to give Rospak a 3-0 win over former Premier League side King Faisal.
Elsewhere at Swedru – leaders Swedru All Blacks humbled PAC Academy in an emphatic 2-0 win. Zayat Bubakari scored first for Swedru All Blacks in the 27th minute before Rudolf Junior Nana Kwasi Mensah made it 2-0 in the 34th minute. Swedru All Blacks are top of the table with 36 points – 4 points ahead of second placed Rospak FC.
Meanwhile, Former Premier League side Cape Coast Mysterious Dwarfs recorded their fourth successive home victory after beaten New Edubiase United 2-1 at the Robert Mensah Park. Enoch Odoom struck first for Cape Coast Mysterious Dwarfs in the 19th minute but Steven Asante equalized for New Edubiase United before halftime. After the interval, Godfred Eshun scored from distance in the 65th minute to help Cape Coast Mysterious Dwarfs secure all the points.
Here are the results in Zone Two
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Cervical Cancer alert: Avoid sex at early age
The Programmes Manager of Non-Communicable Diseases (NCDs) of the Ghana Health Service (GHS), Dr Mary Efua Commeh, has advised young girls to avoid sex at an early age.
This, she explained, will give the cervix the opportunity to mature before they become sexually active.
“You need to delay what we call the first sexual intercourse as much as possible to give the cervix the opportunity to mature before the person becomes sexually active,” she said.
Dr Commeh stated this in an interview with The Spectator in Accra on Tuesday as a part of the Cervical Cancer awareness month.
According to her, cervical cancer was the second leading female cancer in Ghana with a total of about 3,072 cases annually, and out of that, 1,815 deaths are recorded, representing more than 50 per cent.
She indicated that “If young girls are going to be sexually active, then you need to talk to your parents about being vaccinated.”
She explained that vaccinating young girls against human papillomavirus (HPV) has been found to be a very effective way of preventing cervical cancer.
“There are countries that started HPV vaccination years ago and they are not seeing any cervical cancers now because they would have eliminated most of the high-risk HPVs in their women. So if the high-risk HPV is not there, then obviously the results on cervical cancers are going to go down,” she added.
Dr Commmey said the HPV vaccination is recommended for young girls aged nine to 14 years, adding that it had been found to be highly effective, not just for cervical cancers but for other HPV-related cancers, such as anal cancers, cancers of the vagina, genital warts, amongst others.
She further elaborated that the idea is to put up a barrier before the HPV comes in and that once a young female encounters it, she is already protected.
She also mentioned that for cervical cancers, the main cause is called HPV infection, saying generally, all sexually active women acquire HPV at some point in their lives.
However, the Programmes Manager of NCDs at the GHS mentioned that the body has a way of clearing the HPV, explaining that it is a natural mechanism that goes on, unfortunately, there are a few women whose HPV persists.
Moreover, she noted that the numbers for Cervical Cancer tend to be much higher because at times, clients would wait, and try all sorts of medications before they finally report to the health facility saying “we actually lose some women before they get to the hospitals with over 75 per cent of the cases coming in its third and fourth stages.”
Dr Commey, therefore, called for public awareness while ensuring the availability of information for prevention and control.
By Jemima Esinam Kuatsinu
