The Supreme Court has dismissed an application for an interlocutory injunction filed by Solomon Asamoah, the first accused in the Skytrain trial and former Chief Executive Officer of the Ghana Infrastructure Investment Fund (GIIF).
Asamoah had earlier filed a certiorari application seeking to quash the High Court’s decision rejecting his submission of no case after the prosecution closed its case.
He subsequently applied for an injunction to restrain the High Court from continuing the trial pending the determination of the certiorari application.
Justice Senyo Dzamefe, sitting as a single Justice of the Supreme Court, dismissed the injunction application on Monday, August 31, after hearing arguments from the parties on Friday.
In his ruling, Justice Dzamefe held that, based on the applicant’s own affidavit, Asamoah had not disclosed a serious case to be tried.
The court noted that the matters raised were issues properly suited for appeal. It further held that the trial judge’s decision to rule on the submission of no case did not amount to an excess of jurisdiction, and that the applicant had failed to establish any irreparable harm that would result if the injunction were refused.
The High Court has fixed September 23 for the accused persons to file their defence, should they elect to do so.
Meanwhile, the second accused, Prof. Christopher Ameyaw-Akumfi, former Board Chairman of GIIF, has filed a separate application for a stay of proceedings. That application is scheduled to be heard by the Court of Appeal on September 1.
Asamoah and Ameyaw-Akumfi are standing trial over allegations that $2 million was paid for the Skytrain project without the approval of the GIIF board.
Charges filed
The charges filed on Tuesday, May 13 2025, seek to try Prof. Ameyaw-Akumfi and his co-accused for the offences of causing financial loss to the State contrary to section 23(1) and 179A of the Criminal and Offences Act, 1960 (Act 30) and SMCD 140, Public Property Protection Decree 1977.
The charges, brought under Section 23(1) and Section 179A(3)(a) of the Criminal Offences Act, 1960 (Act 29), stem from a $2 million payment made in 2019 to Africa Investor Holdings Limited for the development of an urban Sky Train system in Accra—a project that was never executed.
The charges include wilfully causing financial loss to the state under the Criminal Offences Act, conspiracy to commit crime through intentional dissipation of public funds, and intentional dissipation of public funds under the Public Property Protection Decree.
Botched Sky train project
The Sky Train project was envisioned as an elevated light rail transport system aimed at reducing traffic congestion in Accra and other major cities.
It was to be implemented through a partnership between the Government of Ghana and South Africa-based Africa Investment (PTY) Limited, which was expected to provide financing, technology, and infrastructure support.
The project, however, never materialised, despite the significant upfront payment made by the Ghanaian government.
The Sky Train project, initiated in 2018 as a public-private partnership for an urban rail system in Accra, involved a memorandum of understanding between the Ministry of Railways Development, Africa Investor Holdings, and GIIF.
However, investigations revealed the $2 million disbursement lacked proper due diligence and violated GIIF’s governance protocols.
