The Supreme Court has rejected an application by former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer, Solomon Asamoah, seeking to halt proceedings in the ongoing Skytrain trial.
Justice Senyo Dzamefe, sitting as a single Justice of the Supreme Court, dismissed Mr Asamoah’s application for an interlocutory injunction on Monday, August 31, clearing the way for the High Court to proceed with the case.
Mr Asamoah had sought an injunction to prevent the High Court from continuing with the trial while his separate application for certiorari is determined.
The certiorari application seeks to overturn the High Court’s decision rejecting his submission of no case after the prosecution completed presenting its evidence.
However, Justice Dzamefe held that Mr Asamoah’s own affidavit did not establish a serious case requiring the intervention of the Supreme Court.
The court found that the issues raised by the former GIIF CEO were matters properly dealt with through an appeal rather than an interlocutory injunction.
Justice Dzamefe further ruled that the High Court judge had acted within his jurisdiction when he determined the submission of no case.
The Supreme Court also concluded that Mr Asamoah had failed to demonstrate any irreparable harm that would arise if the injunction was refused.
Defence deadline set
Following the ruling, the High Court remains scheduled to proceed with the next stage of the trial.
The court has set September 23 for the accused persons to file their defence, should they elect to do so.
Meanwhile, the second accused person, former GIIF Board Chairman Prof. Christopher Ameyaw-Akumfi, has mounted a separate legal challenge.
Prof. Ameyaw-Akumfi has filed an application seeking a stay of proceedings, which is scheduled to be heard by the Court of Appeal on September 1.
The outcome of that application could determine whether further proceedings involving him are temporarily halted.
Mr Asamoah and Prof. Ameyaw-Akumfi are facing trial over allegations surrounding the payment of $2 million for the Skytrain project without approval from the GIIF Board.
The prosecution has already closed its case, with the High Court subsequently rejecting the accused persons’ submissions of no case, prompting the latest series of legal applications.
