Supreme Court dismisses injunction application filed by lawyers of former GIIF CEO
The court also held that the decision by the trial judge to rule on the submission of no case is not an exercise made without or in excess of jurisdiction
The Supreme Court has rejected a bid by Solomon Asamoah, the former Chief Executive Officer of the Ghana Infrastructure Investment Fund (GIIF), to halt the Skytrain trial. Asamoah, the first accused in the case, had asked the court to review the High Court's decision to dismiss his claim of no case to answer after the prosecution closed its case.
He then sought an interlocutory injunction to prevent the High Court from proceeding with the trial until the certiorari application was decided. However, the Supreme Court dismissed the injunction on Monday, August 31, 2026. Justice Senyo Dzamefe, hearing the application, stated that Asamoah's own affidavit did not reveal a serious case to be tried and that the issues raised were suitable for an appeal.
The Supreme Court also noted that the trial judge's decision to rule on the submission of no case was valid and within jurisdiction. Asamoah failed to show the injury that would occur if the injunction was not granted, leading the court to conclude that he hadn't demonstrated the need for it. Consequently, the High Court can continue with the Skytrain trial without waiting for the Supreme Court's decision on the substantive certiorari application.
The High Court has set September 23 as the final extended deadline for all accused persons to file their defence, if they decide to do so. Prof. Christopher Ameyaw Ekumfi, the second accused, has filed a fresh application for a stay of proceedings, which is scheduled to be heard by the Court of Appeal on September 1. Asamoah and Ameyaw Ekumfi are being tried for allegedly paying $2 million towards the Skytrain project without the approval of the GIIF Board.
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