Supreme Court dismisses injunction application filed by lawyers of former GIIF CEO

The Supreme Court has dismissed an application by former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer, Solomon Asamoah, seeking to prevent the High Court from continuing with his trial in the controversial Skytrain case.

Mr Asamoah, who is the first accused person in the case, had asked the Supreme Court to restrain the High Court from proceeding with the trial pending the determination of his application seeking to quash the decision compelling him to open his defence.

The injunction application followed an earlier decision by the High Court rejecting Mr Asamoah’s submission of no case after the prosecution had closed its case.

Mr Asamoah subsequently filed an application for certiorari, asking the Supreme Court to quash the High Court’s decision that he had a case to answer.

He then sought an injunction to stop the High Court proceedings until the Supreme Court had determined the certiorari application.

However, after hearing arguments on Friday, August 28, the Supreme Court on Monday dismissed the injunction application.

The application was heard by Justice Senyo Dzamefe, JSC, sitting as a single Justice of the Supreme Court.

In its ruling, the court held that Mr Asamoah, based on the evidence contained in his own affidavit, had failed to demonstrate a serious case warranting the grant of an injunction.

The court further held that the issues raised by the applicant were matters that could properly be addressed through an appeal.

The Supreme Court also rejected the argument that the High Court judge had acted without jurisdiction or exceeded the court’s jurisdiction by ruling on the submission of no case.

According to the Supreme Court, the trial judge’s decision to determine the submission of no case did not constitute an exercise of power made without or in excess of jurisdiction.

The court also found that Mr Asamoah had failed to establish the irreparable harm that he would suffer if the injunction was not granted.

The dismissal effectively clears the way for the High Court to continue with the Skytrain trial while the certiorari application remains pending.

The ruling means proceedings before the High Court will not be suspended pending the outcome of Mr Asamoah’s certiorari application.

The High Court has set September 23, 2026, as the final extended deadline for the accused persons to file their respective defences, should they elect to do so.

The development keeps the long-running Skytrain case on course for its next stage, despite the ongoing legal challenges by the accused persons.

In a related development, the second accused person, Prof Christopher Ameyaw Ekumfi, has filed a fresh application seeking a stay of proceedings.

The application is scheduled to be heard by the Court of Appeal on Tuesday, September 1, 2026.

Prof Ameyaw Ekumfi, a former Board Chairman of GIIF, is standing trial alongside Mr Asamoah.

The two accused persons are facing charges relating to an alleged $2 million Skytrain project that was intended to provide a modern rail transportation system but did not materialise.

The prosecution alleges that the accused persons were involved in offences including stealing, causing financial loss to the state and the use of public funds for profit in connection with the project.

Both accused persons have challenged aspects of the prosecution’s case and have pursued various legal applications as the trial progresses.

The latest Supreme Court ruling, however, means that the High Court proceedings can continue while the separate legal challenges are determined by the appropriate appellate courts.