High Court dismisses 'no case' submission in $2million Accra SkyTrain trial, ordering former GIIF officials to open defence

The Accra High Court has dismissed a submission of no case to answer filed by two former senior officials of the Ghana Infrastructure Investment Fund (GIIF) who are standing trial over the failed Accra SkyTrain project.

The ruling requires the former Chief Executive Officer of GIIF, Solomon Asamoah, and the former Board Chairman, Professor Christopher Ameyaw-Akumfi, to open their defence in response to charges alleging that they caused a US$2 million financial loss to the state.

The Deputy Attorney General and Minister for Justice, Dr Justice Srem Sai, confirmed the court's decision in a post on Facebook.

According to him, the High Court found that the prosecution had established a prima facie case against the accused persons, warranting them to present their defence.

“A while ago, the High Court dismissed the submissions of the two Accused Persons. The Court has since directed them to open their defence and give reasons why they should not be convicted for causing US$2 million loss to the nation,” Dr Srem Sai stated.

Before the ruling, lawyers for the two accused had argued that the prosecution had failed to present sufficient evidence to support the charges and urged the court to dismiss the case without requiring their clients to testify.

The court, however, rejected the application and directed both accused persons to proceed with their defence.

The case arises from a transaction approved in February 2019 in which US$2 million was transferred from the accounts of the GIIF Project Development Company to Africa Investor Holdings Limited in Mauritius. The payment was intended as an upfront investment for shares and preliminary work on the proposed US$2.6 billion Accra SkyTrain project.

The prosecution alleges that the transfer was made without the required approval of the GIIF Board, that no work was undertaken in return for the payment, and that due diligence procedures were not followed before the funds were released.

Both Solomon Asamoah and Professor Ameyaw-Akumfi have pleaded not guilty to the charges.

Professor Ameyaw-Akumfi has maintained that he signed the transfer documents based on recommendations from the then Chief Executive Officer, while Mr Asamoah has argued that the transaction followed the institution's established processes. The defence has also contended that the COVID-19 pandemic disrupted the project and contributed to its eventual collapse.

The two accused are facing multiple charges, including conspiracy to commit a crime, wilfully causing financial loss to the state and intentional dissipation of public funds.

With the dismissal of their submission of no case to answer, the trial will now proceed to the defence stage.