THE Supreme Court is today expected to determine whether to halt proceedings in the $2 million SkyTrain case involving former Executive Director of the Ghana Infrastructure Investment Fund (GIIF), Mr Solomon Asamoah, and former Board Chairman, Professor Christopher Ameyaw-Akumfi.
The two have filed a motion at the apex court seeking to quash the High Court’s ruling dismissing their submissions of no case to answer and directing them to open their defence.
They contend that the High Court erred in ordering them to defend themselves after ruling that the prosecution had established a prima facie case against them. They are asking the Supreme Court to declare the ruling null and void.
The accused are on bail over allegations that they caused financial loss to the state by approving a $2 million payment to a South African company without approval from the GIIF Board.
On July 2, the High Court dismissed their submissions of no case to answer and directed them to file their defences within 21 days. Neither accused complied.
The court subsequently granted a further 21-day extension on July 30 and adjourned the case to August 24 for a case management conference. They again failed to file their defences, prompting another 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 two are facing six counts, including conspiracy to wilfully cause financial loss to the Republic and conspiracy to intentionally dissipate public funds. Each also faces individual charges of the two offences. They have pleaded not guilty.
The prosecution, led by Deputy Attorney-General, Dr Justice Srem-Sai, called three witnesses.
Former GIIF Board member, Mr Yaw Odame-Darkwa, testified that the Board did not approve the transaction. Former Board Secretary, Mr Kofi Boakye, gave similar evidence, while National Intelligence Bureau investigator, Mr Francis Aboagye, corroborated their accounts.
However, counsel for the accused urged the court to dismiss the case, arguing that the prosecution had failed to establish a prima facie case.
Counsel for Mr Asamoah, Ms Victoria Barth, argued that the $2 million was an equity investment for a 10 per cent stake in the project’s Special Purpose Vehicle and, therefore, did not constitute dissipated funds.
She further argued that GIIF Board minutes dated October 24, 2018 documented approval of the investment and that prosecution witnesses gave inconsistent accounts of what constituted Board approval.
Counsel for Prof. Ameyaw-Akumfi, Mr Yaw Acheampong Boafo, similarly argued that the prosecution had failed to properly establish its case and that cross-examination had discredited the state’s evidence.
BY MALIK SULLEMANA
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