The Supreme Court has dismissed an injunction application filed by lawyers for former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer, Solomon Asamoah, seeking to stop the High Court from proceeding with his trial.
Asamoah, the first accused in the ongoing Skytrain case, had asked the Supreme Court to restrain the High Court from continuing with the proceedings pending the determination of his application seeking to quash the order directing him to open his defence.
The former GIIF CEO filed a certiorari application challenging the High Court’s decision to dismiss his submission of no case after the prosecution had concluded presenting its evidence.
Following the filing, his lawyers applied for an injunction to halt the trial until the Supreme Court determined the certiorari application.
However, Justice Senyo Dzamefe, sitting as a single Justice of the Supreme Court, dismissed the injunction application on Monday, August 31, after hearing arguments on Friday, August 28.
The court held that based on Asamoah’s own affidavit evidence, he had not demonstrated a serious case warranting the injunction. It further ruled that the issues raised were matters that could properly be addressed through an appeal.
The court also found that the trial judge’s decision to rule on the submission of no case did not amount to an exercise of jurisdiction without authority or beyond the court’s jurisdiction.
Additionally, the Supreme Court held that Asamoah had failed to demonstrate the irreparable harm he would suffer if the injunction were not granted.
The ruling clears the way for the High Court to continue with the Skytrain trial without waiting for the determination of the certiorari application.
The High Court has set September 23, 2026, as the final extended deadline for the accused persons to file their defence, should they elect to do so.
Meanwhile, in a related development, the second accused person, Professor Christopher Ameyaw Ekumfi, has filed another application seeking a stay of proceedings. The application is scheduled to be heard by the Court of Appeal on Tuesday, September 1.
Solomon Asamoah, a former CEO of GIIF, and Prof. Christopher Ameyaw Ekumfi, former Board Chairman of GIIF, are standing trial over allegations involving the misappropriation of $2 million in connection with the proposed Skytrain project.
The prosecution alleges that the accused persons stole public funds, caused financial loss to the state and used public funds for profit in relation to the project, which ultimately did not materialise.
Source: 3news
