Supreme Court dismisses injunction application to halt Skytrain trial
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 … The post Supreme Court dismisses…
The Supreme Court has refused to grant an injunction to former Ghana Infrastructure Investment Fund (GIIF) CEO Solomon Asamoah, aiming to halt the ongoing Skytrain trial. Asamoah, the primary defendant, had requested the court to invalidate the High Court's dismissal of his claim of "no case to answer" after the prosecution concluded its case.
He subsequently sought an interlocutory injunction to prevent the High Court from proceeding with the trial until the Supreme Court ruled on his certiorari application. Justice Senyo Dzamefe, hearing arguments from the parties on Friday, dismissed the injunction application on Monday. According to Justice Dzamefe, Asamoah had not presented a compelling case to be tried based on his affidavit evidence.
The court also determined that the issues raised could be appropriately addressed through an appeal. Furthermore, the trial judge's decision to rule on the "no case" submission was deemed within the court's jurisdiction. The Supreme Court concluded that Asamoah had not demonstrated the potential harm he would incur if the injunction was denied.
This decision allows the High Court to continue with the Skytrain trial, with Asamoah's certiorari application still pending. The High Court set September 23 as the final deadline for the accused to file their defense, if they choose to do so. The second defendant, former GIIF Board Chairman Professor Christopher Ameyaw Ekumfi, has now filed a new application for a stay of proceedings, which will be heard by the Court of Appeal on September 1.
Asamoah and Prof. Ekumfi are on trial for allegedly paying $2 million towards the Skytrain project without GIIF board approval.
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