Court of Appeal dismisses Ameyaw-Akumfi’s stay application in SkyTrain trial

The Court of Appeal has dismissed Prof. Christopher Ameyaw-Akumfi's request for a stay of proceedings in the SkyTrain project trial. The three-member panel, led by Justice Georgina Mensah-Datsa, denied the professor's plea to suspend the ongoing $2 million trial involving him and former GIIF CEO Solomon Asamoah. Ameyaw-Akumfu, who is the second accused in the case, claimed that the court should set aside the High Court's decision dismissing his "no case to answer" submission and ordering him to present his defense.

The Court of Appeal's decision comes after the Supreme Court dismissed Mr. Asamoah's request for an interlocutory injunction in connection with the same trial. The Supreme Court's judge, Justice Senyo Dzamefe, ruled that Mr. Asamoah had not presented a serious case to be tried, stating that the issues at hand were suitable for appeal.

Both Ameyaw-Akumfu and Asamoah are currently on bail and face six charges, including conspiracy to defraud the Republic and intentional squandering of public funds, stemming from an alleged $2 million payment to a South African company without proper GIIF Board approval. The two accused have pleaded not guilty to all charges. The High Court dismissed their submissions of "no case to answer" on July 2 and granted them an additional 21 days, which they also failed to utilize.

The prosecution argues that the SkyTrain project lacked approval from the GIIF Board, which oversees the fund's activities, omissions, and liabilities. They presented three witnesses, including former GIIF Board member Yaw Odame-Darkwa and former Board Secretary Kofi Boakye, who affirmed that the project did not receive board approval.

National Intelligence Bureau staff officer Francis Aboagye, who investigated the matter, backed their claims. However, Ameyaw-Akumfu's defense attorneys, Victoria Barth and Yaw Acheampong Boafo, urged the court to dismiss the prosecution's case, arguing that the government had not established a prima facie case. Barth contended that the $2 million was an equity investment for a 10% stake in the project's Special Purpose Vehicle and not dissipated funds.

She also pointed to board minutes from October 24, 2018, which documented approval, and claimed that any delays in the project were due to the COVID-19 pandemic. Boafo argued that the prosecution had improperly charged Ameyaw-Akumfu under the relevant law and that its evidence had been discredited during cross-examination.