Sky Train Case Solomon Asamoah Seeks To Halt Trial Again

Former Chief Executive Officer of Ghana Infrastructure Investment Fund (GIIF), Solomon Asamoah, has once again sought to halt his trial while challenging a court order that mandates him to present a defence before being subpoenaed to testify. Alongside former Board Chairman of the Fund, Prof. Christopher Ameyaw-Akumfi, Asamoah faces allegations of causing a $2 million financial loss to the state through their investment in the Sky Train project.

During a case management hearing on October 29, the court directed Asamoah and Ameyaw-Akumfi to commence their defence and testify without the presence of witnesses they had subpoenaed. Asamoah's legal team appealed the decision to the Court of Appeal, arguing that it infringes upon his right to a fair trial under Article 19 of the 1992 Constitution. They subsequently filed an application for the suspension of proceedings pending the resolution of the interlocutory appeal.

The lawyers argue that the interlocutory appeal raises significant questions of law concerning the scope of the trial court's case management powers and Asamoah's constitutional rights to a fair hearing. They maintain that the appeal is not frivolous and raises serious concerns about the fairness of the trial process, including Asamoah's constitutional right to remain silent, present and organize his defence, and the principle of equality of arms with the prosecution.

Asamoah contends that his right to remain silent, present and organize his defence, and the right to equality of arms with the prosecution are all at risk. He maintains that the trial court's power to dictate that he testify before other defence witnesses without any statutory authority under Act 30 and despite his right to elect not to testify at any stage of the trial is unconstitutional.

Compelling him to testify first will irreversibly alter his defence strategy, force him to disclose evidence earlier than intended, affect the examination of subsequent witnesses, and impair his constitutional right to make a full answer and defence.

He further argues that if the trial proceeds, he will suffer irreparable prejudice as the infringement will already have occurred, making the Court of Appeal's review ineffective. Asamoah states that granting his application for a stay of proceedings, despite causing a temporary delay, is justified as the Republic suffers no material prejudice. He also contends that compiling the appeal record should be swift, as it will primarily involve the proceedings of October 29, 2026.