Supreme Court clears way for Skytrain trial to continue
The Supreme Court has rejected former GIIF CEO Solomon Asamoah’s attempt to stop the Skytrain trial, clearing the way for the High Court to continue the case while his separate legal challenge remains pending.
The Supreme Court has dismissed an application by former Ghana Infrastructure Investment Fund (GIIF) chief executive Solomon Asamoah seeking to stop proceedings in the ongoing Skytrain trial.
Mr Asamoah, the first accused in the case, had asked the Supreme Court to restrain the High Court from continuing with the trial while it considers his separate application challenging an earlier ruling.
But on Monday, August 31, 2026, Justice Senyo Dzamefe dismissed his application for an interlocutory injunction.
The judge held that Mr Asamoah's own affidavit evidence did not disclose a serious case to be tried.
The Supreme Court also found that the issues raised by the former GIIF chief
executive were matters properly dealt with through an appeal.
It further ruled that the High Court judge had jurisdiction to determine the submission of no case and had not acted outside that jurisdiction.
The decision means the High Court does not have to pause the Skytrain proceedings while the Supreme Court considers Mr Asamoah's substantive application for certiorari.
What was Mr Asamoah challenging?
Mr Asamoah had applied for certiorari, asking the Supreme Court to quash the High Court's decision to dismiss his submission of no case after the prosecution completed its case.
A submission of no case is made by a defendant who argues that the prosecution has not presented sufficient evidence to require them to mount a defence.
After the High Court rejected that submission, Mr Asamoah turned to the Supreme Court.
He then sought an interlocutory injunction to prevent the trial from continuing until his certiorari application had been determined.
The Supreme Court has now rejected that request for an injunction.
It also found that he had not demonstrated that he would suffer irreparable harm if the High Court proceedings continued.
The ruling, however, does not determine the substantive certiorari application itself.
Defence deadline
The High Court has set September 23 as the final extended deadline for the accused persons to file their defence, should they choose to do so.
Meanwhile, the second accused, former GIIF Board chairman Professor Christopher Ameyaw Ekumfi, has filed a fresh application seeking a stay of proceedings.
That application is due to be heard by the Court of Appeal on September 1.
The outcome of that application could therefore become the next significant development in the case.
What is the Skytrain case about?
Mr Asamoah and Prof Ameyaw Ekumfi are standing trial over allegations concerning a $2m payment towards the Skytrain project.
The prosecution alleges that the payment was made without approval from the GIIF Board.
Mr Asamoah was formerly the chief executive officer of GIIF, while Prof Ameyaw Ekumfi was chairman of its board.
The allegations have not been proved in court, and the accused persons are entitled to the presumption of innocence unless found guilty.
For now, Monday's Supreme Court decision removes one obstacle to the continuation of the High Court proceedings.
The immediate focus will now shift to the defence deadline and the Court of Appeal's consideration of Prof Ameyaw Ekumfi's application.