By: Ashiadey Dotse
The Supreme Court has dismissed an application by former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer, Solomon Asamoah, seeking to overturn a High Court decision ordering him to open his defence in the alleged $2 million financial loss case involving the proposed SkyTrain project.
The ruling means Mr Asamoah must now proceed with his defence in the ongoing trial, which also involves former GIIF Board Chair, Professor Ameyaw Akumfi.
The two are facing charges over allegations that funds were disbursed for the Sky Train project without the required board approval and when no work had been done to justify the expenditure.
After the prosecution closed its case, Mr Asamoah and Prof. Akumfi filed a submission of no case, arguing that the evidence presented was insufficient to require them to defend themselves.
However, the High Court, presided over by Justice Kocuvie-Tay, rejected the application and ordered the accused persons to open their defence.
Dissatisfied with the decision, Mr Asamoah went to the Supreme Court, arguing that the trial judge had exceeded her authority by making certain definitive statements, including a finding that he was responsible for the alleged financial loss.
But a five-member panel of the Supreme Court, led by Justice Gabriel Scott Pwamang, dismissed the application.
The panel held that Mr Asamoah’s concerns did not provide sufficient grounds for the court to use its supervisory powers to overturn the High Court’s decision.
The other members of the panel were Justices Asiedu Adibu, Hafisata Amaleboba, Sophia Bernasko-Essah and Anthony Forson Jnr.
The decision clears the way for the trial to continue before Justice Kocuvie-Tay, with Mr Asamoah required to present his defence.
