The Supreme Court has dismissed an application by former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer, Solomon Asamoah, seeking to temporarily stop proceedings in the ongoing Skytrain case.
Mr Asamoah, the first accused in the case, had applied for an interlocutory injunction to prevent the High Court from continuing with the trial while his separate application for certiorari is being determined.
His certiorari application seeks to overturn the High Court’s decision rejecting his submission of no case after the prosecution completed presenting its evidence.
Justice Senyo Dzamefe, sitting as a single Justice of the Supreme Court, dismissed the injunction application on Monday, August 31, following arguments presented by the parties last Friday.
In his ruling, Justice Dzamefe said Mr Asamoah’s own affidavit did not establish a serious case warranting the injunction. The issues raised, he noted, were matters that could properly be pursued through an appeal.
The court also determined that the High Court judge had acted within the court’s jurisdiction when ruling on the submission of no case.
Additionally, the applicant failed to demonstrate that allowing the trial to continue would cause irreparable harm, the Supreme Court held.
The ruling means the High Court can proceed with the case. It has scheduled September 23 for the accused persons to file their defence, should they decide to do so.
Meanwhile, the second accused, former GIIF Board Chairman Prof. Christopher Ameyaw-Akumfi, has filed a separate application seeking a stay of proceedings.
That application is expected to be heard by the Court of Appeal on September 1.
Mr Asamoah and Prof. Ameyaw-Akumfi are standing trial over allegations surrounding a $2 million payment for the Skytrain project, which the prosecution alleges was made without approval from the GIIF Board.
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