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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 by a trial judge and prevent her from continuing to hear the criminal case against him.
Mr Asamoah and former GIIF Board Chair Professor Ameyaw Akumfi are standing trial over allegations that they caused a financial loss of $2 million to the state in connection with the proposed Sky Train project.
The prosecution alleges that funds were disbursed for the project without the necessary board approval and despite the absence of work to justify the expenditure.
After the prosecution closed its case, the two accused persons filed submissions of no case, arguing that the evidence presented was insufficient to require them to open their defence.
However, Justice Audrey Kocuvie-Tay rejected the applications and directed the accused persons to proceed with their defence.
Dissatisfied with the decision, Mr Asamoah petitioned the Supreme Court, arguing that the trial judge had exceeded her jurisdiction by making certain definitive pronouncements, including a finding that he was responsible for the financial loss.
A five-member panel of the Supreme Court, presided over by Justice Gabriel Scott Pwamang, with Justices Asiedu Adibu, Hafisata Amaleboba, Sophia Bernasko-Essah and Anthony Forson Jnr. as members, rejected his application.
The court held that the concerns raised by Mr Asamoah did not provide sufficient grounds for it to exercise its discretionary supervisory jurisdiction to intervene in the proceedings.
The Supreme Court consequently dismissed the application, clearing the way for the criminal trial to continue before Justice Kocuvie-Tay.
The allegations against Mr Asamoah and Prof. Akumfi remain subject to determination in the ongoing trial.