SkyTrain case: Court gives former GIIF officials until September 23 to file defence

The Accra High Court has given two former officials of the Ghana Infrastructure Investment Fund (GIIF) until September 23, 2026 to file their witness statements in the $2 million SkyTrain case.

The decision means the long-running case will continue into October, with the court scheduling a case management conference for October 5, 6 and 7.

The two accused are former GIIF Chief Executive Officer Solomon Asamoah and former board chairman Prof Christopher Ameyaw-Akumfi.

They are standing trial over allegations that they conspired to cause financial loss of $2 million in connection with the proposed Accra SkyTrain project, which was never constructed.

The prosecution alleges that the $2 million was transferred from GIIF's account to Africa Investor Holdings Limited, a South African company, without the required approval for the intended SkyTrain investment.

Another extension

The case returned to court on Monday, August 24, for a case management conference.

But the court noted that neither of the accused had filed their defence processes.

Lawyers for both men asked the court for more time, citing fresh legal applications before the Supreme Court.

Counsel holding brief for Mr Asamoah's lawyer, Victoria Barth, said the former GIIF chief executive had filed an application at the Supreme Court on August 21 invoking its supervisory jurisdiction.

An interlocutory injunction application had also been filed, with a hearing date of August 27.

Counsel therefore asked the High Court to adjourn the matter to allow the Supreme Court process to take its course.

Prof Ameyaw-Akumfi's lawyer also told the court that his client had filed a fresh application for a stay of

proceedings pending an appeal.

That application was scheduled to be heard on September 1.

Prosecution objects

The prosecution opposed the request for another adjournment.

Deputy Attorney-General Dr Justice Srem-Sai told the court that the accused had already been given sufficient time to file their defence.

He said the court had directed the two men on July 2 to file their defence processes within 21 days if they wished to defend themselves.

That deadline expired on August 20.

According to the prosecution, the court had already granted the accused another 21 days following the dismissal of their earlier applications for a stay of proceedings on July 30.

Dr Srem-Sai argued that the applications subsequently filed at the Supreme Court did not automatically stop the High Court proceedings.

He said an application invoking the Supreme Court's supervisory jurisdiction did not, by itself, constitute a stay of proceedings.

The same, he argued, applied to an interlocutory injunction application and the fresh application for a stay filed by Prof Ameyaw-Akumfi.

The Deputy Attorney-General therefore urged the High Court not to grant another extension.

He argued that the accused had failed to comply with the court's orders and asked the court to convict them on the basis that the prosecution had already established a prima facie case and they had failed to open their defence.

Court allows more time

Justice Audrey Kocuvie-Tay, however, decided to give the accused another opportunity to file their witness statements.

The court stressed that the pending applications before the Supreme Court did not remove its jurisdiction to continue hearing the case.

However, it said it would exercise its discretion to allow the accused to file their witness statements.

The judge noted that this was about the third time the court had granted the accused additional time to file their witness statements.

She ordered both accused to file their statements by September 23, 2026.

The court then fixed October 5, 6 and 7 for the case management conference.

The case was adjourned to October 5.

What is the SkyTrain case about?

The case centres on the proposed Accra SkyTrain project, an ambitious plan intended to introduce an elevated rail transport system in the capital.

The project did not ultimately materialise.

The prosecution's case concerns a $2 million payment allegedly made in connection with the project.

Mr Asamoah and Prof Ameyaw-Akumfi have denied the allegations against them.

The prosecution must prove its case beyond reasonable doubt. The filing of defence statements is part of the process through which the accused persons can set out their response to the evidence and allegations against them.

The court's decision on Monday does not determine their guilt or innocence.

The legal battle continues

The latest development also highlights a procedural battle taking place alongside the substantive criminal case.

While the High Court has maintained that it has jurisdiction to proceed, both accused persons have turned to the Supreme Court seeking relief.

The prosecution, meanwhile, has argued that those applications should not be used to delay proceedings, particularly after earlier court orders and deadlines.

The immediate consequence is that the High Court proceedings will continue, but the defence now has until September 23 to file its witness statements.

The next significant stage will therefore be the October case management conference.

For now, the court has chosen to give the accused another opportunity to present their defence rather than accept the prosecution's request for a conviction based on their failure to file within the earlier deadline.

The SkyTrain case, which centres on a $2 million transaction linked to a project that was never built, is therefore set to remain before the courts for at least several more months.