Supreme Court dismisses Solomon Asamoah's bid to stop Sky Train trial

The Supreme Court has dismissed a judicial review application by former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer Solomon Asamoah, seeking to overturn a ruling that required him to open his defence in the alleged $2 million Sky Train financial loss case.

Mr Asamoah had also asked the apex court to prohibit Justice Audrey Kocuvie-Tay from continuing to preside over the criminal proceedings against him.

Mr Asamoah and former GIIF Board Chairperson Prof. Ameyaw Akumfi are standing trial over allegations that they caused financial loss to the state in connection with the proposed Sky Train project.

The prosecution alleges that the accused persons authorised the disbursement of funds for the project without the required board approval, despite no work having been undertaken to justify the expenditure.

After the prosecution concluded its case, the accused persons filed submissions of no case, arguing that the evidence presented did not establish sufficient grounds to require them to mount a defence.

Justice Kocuvie-Tay, however, rejected the submission and directed the accused persons to proceed with their defence.

Dissatisfied with the ruling, Mr Asamoah sought the intervention of the Supreme Court, arguing that the trial judge had exceeded her jurisdiction through certain definitive pronouncements in her ruling.

He particularly took issue with what he said was a finding by the trial judge that he was responsible for the alleged financial loss.

A five-member panel of the Supreme Court, presided over by Justice Gabriel Scott Pwamang, dismissed the application.

The panel, which also comprised Justices Asiedu Adibu, Hafisata Amaleboba, Sophia Bernasko-Essah and Anthony Forson Jnr., held that the concerns raised by Mr Asamoah did not provide sufficient grounds for the court to exercise its discretionary supervisory jurisdiction.

The Supreme Court's decision means the criminal proceedings will continue before Justice Kocuvie-Tay, with Mr Asamoah required to proceed with his defence.