The Supreme Court has dismissed an application seeking to quash a High Court ruling that dismissed a submission of no case and ordered the former Chief Executive Officer of Ghana Infrastructure Investment Fund (GIIF), Solomon Asamoah to open his defence over the Sky Train case.
Mr. Asamoah and former Board Chairman of GIIF, Prof. Christopher Ameyaw Akumfi are facing trial for charges including causing financial loss in the sum of $2 million over the Sky Train case.
They have been asked to opened their defence and respond to charges after the prosecution closed its case.
However, dissatisfied with the order, the applicant who is the first accused person had asked the apex court for orders of certiorari to set aside the High Court’s ruling of 2nd July 2026 and prohibition to stop the trial judge from continuing with the case.
With the dismissal, the trial is set to continue with a Case Management Conference for the defence scheduled for Monday, October 19, 2026.
Applicant’s case
Solomon Asamoah, the Accused-Applicant, through his Counsel, Prince Asafo Agyei, argued that the trial judge (Justice Audrey Kocuvie-Tay, exceeded her jurisdiction when she ruled on the submission of no case.
He said the judge went beyond the limited inquiry required at that stage by making definite findings on whether the prosecution had adduced sufficient evidence to secure a conviction.
He further complained about events on July 30, 2026, when the court, while hearing a stay application, varied the applicant’s bail conditions.
According to counsel, the court revoked a previous variation and ordered weekly reporting without any application before it and without hearing the applicant.
Mr. Agyei contended that a specific remark by the judge that the applicant was the direct cause of the loss was prejudicial and went beyond what should be determined at the no case stage.
He argued that taken together, the definitive findings, the bail variation and what he described as off-record proceedings on July July 2, would lead a reasonable person to conclude that the applicant would not receive a fair hearing.
AG’s response
Deputy Attorney General, Dr. Justice Srem-Sai, opposed the application and said no injustice had occurred.
He explained that the accused had himself applied for a variation of his bail on February 9, which was tied to the period of the trial. When that period lapsed, the judge merely restored the original bail condition.
Dr. Srem-Sai submitted that the claim that the judge exceeded her jurisdiction was unfounded and based on a misconception of the elements of the offence.
He also argued that even if the allegations were taken as true, they did not establish bias as required by law.
By Court
The five-member panel presided over by Justice Gabriel Pwamang, with Justices Samuel Asiedu, Hafisata Amaleboba, Sophia Rosetta Bernasco-Esaah and Anthony Forson Jnr, unanimously dismissed the application.
The court held: “We are of the view that the application ought to fail,” and the applications for certiorari and prohibition are accordingly refused.
