The Supreme Court has dismissed an application by former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer, Solomon Asamoah, seeking to stop the ongoing Skytrain trial.
Asamoah, the first accused in the case, had filed a certiorari application at the Supreme Court seeking to quash the High Court’s decision rejecting his submission of no case after the prosecution had closed its case.
He subsequently applied for an interlocutory injunction to prevent the High Court from continuing with the trial until the Supreme Court determined his certiorari application.
Justice Senyo Dzamefe, sitting as a single Justice of the Supreme Court, dismissed the injunction application on Monday after hearing arguments from the parties last Friday.
In his ruling, Justice Dzamefe held that, based on Asamoah’s own affidavit evidence, he had not demonstrated a serious case to be tried.
The court also held that the issues raised by the applicant were matters that could properly be addressed through an appeal.
It further found that the trial judge’s decision to rule on the submission of no case was not an act done without jurisdiction or beyond the court’s jurisdiction.
The Supreme Court also concluded that Asamoah had not demonstrated what irreparable harm he would suffer if the injunction was not granted.
The ruling means the High Court can continue with the Skytrain trial while Asamoah’s certiorari application remains pending.
The High Court has set September 23 as the final extended deadline for the accused persons to file their defence, should they decide to do so.
Meanwhile, the second accused person, former GIIF Board Chairman, Professor Christopher Ameyaw Ekumfi, has filed a fresh application for a stay of proceedings.
The application is scheduled to be heard by the Court of Appeal on September 1.
Asamoah and Prof. Ameyaw Ekumfi are standing trial over allegations that $2 million was paid towards the Skytrain project without the approval of the GIIF board.
By: Jacob Aggrey
