The Supreme Court has dismissed an application by former Ghana Infrastructure Investment Fund Chief Executive Officer Solomon Asamoah seeking to temporarily halt the Skytrain trial at the High Court.
Mr Asamoah, the first accused in the case, had asked the apex court for an interlocutory injunction restraining the High Court from continuing with proceedings while his separate certiorari application remained pending.
That certiorari application seeks to overturn the High Court’s decision rejecting his submission of no case after prosecutors closed their case.
Court Finds No Serious Case for Injunction
Justice Senyo Dzamefe, sitting as a single Justice of the Supreme Court, dismissed the application on Monday, August 31, after hearing arguments from the parties last Friday.
The court held that Mr Asamoah’s own affidavit did not disclose a serious issue requiring an injunction.
Justice Dzamefe found that the matters raised by the applicant were more appropriately suited for an appeal rather than grounds for stopping the ongoing trial.
The court also rejected the contention that the High Court exceeded its jurisdiction when it ruled on the submission of no case.
Mr Asamoah, according to the ruling, further failed to demonstrate that he would suffer irreparable harm if proceedings were allowed to continue.
Defence Due September 23
The High Court has directed the accused persons to file their defence by September 23, should they elect to open one.
Meanwhile, former GIIF Board Chairman Prof. Christopher Ameyaw-Akumfi, the second accused, has filed a separate application seeking a stay of proceedings. The Court of Appeal is expected to hear that application on September 1.
Mr Asamoah and Prof. Ameyaw-Akumfi are standing trial over allegations that US$2 million was paid in connection with the Ghana Skytrain project without approval from the GIIF board.
The Supreme Court’s decision means the High Court proceedings remain on course unless another court grants separate relief.
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