Lawyers for the Former chairperson of the Ghana Infrastructure Investment Fund (GIIF) Professor Christopher Ameyaw-Ekumfi, will on July 9, 2025, move an application, for the High Court, trying the ‘sky train’ scandal to dismiss the case against Prof. Ekumfi for what they believe to be a premature decision by the state to cite the former GIIF chair in the matter, according to court documents filed on June 24.
Prof Ameyaw-Ekumfi and the former Chief Executive Officer GIIF, Solomon Asamoah have both been charged, for allegedly causing financial loss to the state in the two million dollar “Sky Train” project and are currently standing trial for it.
According to the application filed by the defense attorneys for Prof. Christopher Ameyaw-Ekumfi, they want an order of the court, striking-out the action against the accused as premature and in violation of a legal condition precedent imposed on the prosecution.
They are also seeking an order of the court, to refer the matter to the Supreme Court of Ghana, a question that arises as to the proper construction and application of Sections 1 and 7 of the Public Property Protection Decree, 1977 (SMCD 140), vis-à-vis the fair trial, the law under Article 19 and the standards governing the exercise of prosecutorial discretion under Article 296 of the Constitution and finally an order staying proceedings before Court, pending the final determination of the constitutional question by the Supreme Court.
Duke Aaron Sasu, one of the lawyers for Professor Christopher Ameyaw-Ekumfi, informed the trial Judge of the development.
Meanwhile, the prosecution says it will be calling eight individuals as prosecution witnesses to testify in the trial. The witnesses are, Yaw Odame Darkwa, Kofi Boakye, Andrews Agyenim Boateng, Maame Efua Kyerewa Ababio, Yvonne Adoley Sowah, Tweneboah Kodua, Cecilia Gambriah, and a Staff Officer Francis Aboagye, Ms Baatse, however, told the court of the withdrawal of the witness statements of four other witnesses, that were filed initially to testify in the case.
This includes, Seth Nana Kwame Osei, Benjamin Nartey Abrokwa, Reginald Okai and Chief Inspector Kesse. The prosecution also withdrew and replaced the witness statement of Francis Aboagye together with the exhibits filed on June 3. Lawyers for the First accuse, Solomon Nuhoho, asked the prosecution for particulars of the withdrawn statements of Francis Aboagye, since they intend to rely on his statements in court.
The Judge, Justice Comfort Tasima, ordered the prosecution, to present documents filed for the eight witnesses, to be served on the defense teams, within 48 hours.
The former Chief Executive Officer of GIIF, Solomon Asamoah and Prof Ameyaw-Ekumfi, were on Thursday May 13, charged with six counts of conspiracy to commit crime, willfully causing financial loss to the Republic, contrary to provisions of the and Criminal Offenses Act 1960 (Act 29) and Intentional dissipation of public funds, contrary to provisions of the PublicProperty Protection Decree,1977 (SMCD 140).
The first accuse, Solomon Asamoah has pleaded not guilty to all the charges and has been granted bail in the sum of fifteen million Ghana cedis. Prof Ameyaw Ekumfi and Mr Asamoah allegedly authorised payment of two million dollars to Africa Investor Holdings Limited in February 2019 for the development of an urban Sky Train system in Accra to be called Accra SkyTrain but the project was not executed.
Deputy Attorney-General Dr Justice Srem-Sai narrated that due diligence to procedures or processes were not followed or engaged by GIIF prior to parting with the two million dollars. The case has been adjourned to July 9 for continuation
The Deputy Attorney-General said investigations revealed that no board approval was sought or obtained for the share acquisition or the two million dollars.
The court heard that in his caution statement to the police, Professor Ameyaw-Ekumfi allegedly claimed that he obtained the approval of the GIIF governing board in respect of the share acquisition and the payment.
The said claim has allegedly been refuted by the other members of the governing board in their respective police investigation caution statements.
The case has been adjourned to July 5.
