The Supreme Court has paved the way for the continuation of the Skytrain trial after dismissing an application by former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer, Solomon Asamoah, seeking to halt proceedings at the High Court.
Asamoah, the first accused in the case, had asked the Supreme Court to restrain the High Court from proceeding with the trial while it considers his application for certiorari.
His certiorari application seeks to overturn the High Court’s decision rejecting his submission of no case after the prosecution concluded its evidence.
However, Justice Senyo Dzamefe, sitting as a single Justice of the Supreme Court, dismissed the injunction application on Monday, August 31, following arguments from both sides last Friday.
In his ruling, Justice Dzamefe said Asamoah had failed to demonstrate that he had a serious case to be tried based on the contents of his own affidavit.
The court noted that the issues raised by the former GIIF CEO were matters that could properly be addressed through an appeal rather than an application for an interlocutory injunction.
Justice Dzamefe further held that the High Court judge did not exceed his jurisdiction by ruling on the submission of no case.
The Supreme Court also found that Asamoah had failed to establish that he would suffer irreparable harm if the injunction was not granted.
The ruling means the High Court can 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, former GIIF Board Chairman Prof. Christopher Ameyaw-Akumfi, has separately filed an application seeking a stay of proceedings.
That application is scheduled to be heard by the Court of Appeal on Tuesday, September 1.
Asamoah and Prof. Ameyaw-Akumfi are facing trial over allegations that a $2 million payment was made in connection with the Skytrain project without approval from the GIIF board.
