A three-member panel of the Court of Appeal has dismissed an application by Prof. Christopher Ameyaw-Akumfi seeking a stay of proceedings in the ongoing $2 million SkyTrain project trial involving him and former Chief Executive Officer (CEO) of the Ghana Infrastructure Investment Fund (GIIF), Mr Solomon Asamoah.
The court, presided over by Justice Georgina Mensah-Datsa, held that Prof. Ameyaw-Akumfi, a former Board Chairman of GIIF, had failed to demonstrate exceptional circumstances to warrant the reliefs sought.
Prof. Ameyaw-Akumfi, the second accused, had asked the court to set aside the High Court’s decision dismissing his submission of no case to answer and directing him to open his defence.
The ruling follows Monday’s dismissal by the Supreme Court of an interlocutory injunction application filed by Mr Asamoah in connection with the same trial.
Justice Senyo Dzamefe, sitting as a single justice, held that Mr Asamoah had failed to establish a serious case to be tried, adding that the matters complained of were issues for appeal.
He further held that the High Court’s ruling on the submission of no case to answer fell within its jurisdiction.
Prof. Ameyaw-Akumfi and Mr Asamoah are on bail and face six charges, including conspiracy to wilfully cause financial loss to the Republic and intentional dissipation of public funds, over the alleged approval of a $2 million payment to a South African company without GIIF Board approval.
They have pleaded not guilty to all charges.
On July 2, the High Court dismissed their submissions of no case to answer and directed them to file their respective defences within 21 days.
Neither accused complied with the deadline. On July 30, the court granted another 21 days, but they again failed to file their defences at the expiration of the period.
The court subsequently granted a further extension until September 23.
The prosecution’s case is that the SkyTrain project did not receive approval from the GIIF Board, which is responsible for the fund’s actions, omissions and liabilities.
The prosecution, led by Deputy Attorney-General, Dr Justice Srem-Sai, called three witnesses.
Former GIIF Board member, Yaw Odame-Darkwa, testified that the Board did not approve the transaction, while former Board Secretary, Kofi Boakye, also told the court that the project had not received board approval.
National Intelligence Bureau staff officer, Francis Aboagye, who investigated the matter, corroborated their evidence.
Defence lawyers, Victoria Barth and Yaw Acheampong Boafo, urged the court to dismiss the case, arguing that the prosecution had failed to establish a prima facie case.
Ms Barth argued that the $2 million constituted an equity investment for a 10 per cent stake in the project’s Special Purpose Vehicle and was, therefore, not dissipated funds.
She also contended that board minutes dated October 24, 2018, documented an approval and that any delay in the project resulted from the COVID-19 pandemic.
Mr Boafo argued that the prosecution had failed to properly charge Prof. Ameyaw-Akumfi under the relevant law and that its evidence had been discredited during cross-examination.
BY MALIK SULLEMANA
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