The Supreme Court has dismissed an application by former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer Solomon Asamoah seeking to halt the ongoing Skytrain trial at the High Court.
Mr Asamoah, the first accused in the case, had filed an application for certiorari seeking to quash the High Court’s decision to dismiss his submission of no case after the prosecution closed its case.
He subsequently applied for an interlocutory injunction to prevent the High Court from continuing with the Skytrain trial pending the determination of his substantive certiorari application.
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However, the Supreme Court, sitting as a single-Judge court, dismissed the injunction application on Monday, August 31, 2026.
Justice Senyo Dzamefe, who heard the application after arguments were presented last Friday, held that Mr Asamoah’s own affidavit evidence did not disclose a serious case to be tried.
The Court further held that the issues raised by the former GIIF CEO were matters properly within the remit of an appeal rather than the relief being sought through the application.
The Supreme Court also found that the High Court judge’s decision to rule on the submission of no case was not an exercise undertaken without jurisdiction or in excess of jurisdiction.
Justice Dzamefe further ruled that Mr Asamoah had failed to demonstrate the irreparable harm that would result if the injunction were not granted.
The ruling means the High Court can proceed with the Skytrain trial without waiting for the Supreme Court to determine the substantive certiorari application.
Meanwhile, the High Court has set September 23, 2026, as the final extended deadline for the accused persons to file their defence, should they choose to do so.
The deadline forms part of the next stage of proceedings as the court moves forward with the trial following the prosecution’s completion of its case.
The latest Supreme Court ruling clears the way for the High Court to continue proceedings without the injunction sought by Mr Asamoah.
The second accused person, former GIIF Board Chairman Professor Christopher Ameyaw Ekumfi, has meanwhile filed a fresh application seeking a stay of proceedings.
The application is scheduled to be heard by the Court of Appeal on September 1, 2026.
The outcome could determine whether Prof. Ameyaw Ekumfi secures a temporary suspension of proceedings while his application is considered.
Skytrain case
Mr Asamoah and Prof. Ameyaw Ekumfi are standing trial over allegations that US$2 million was paid towards the Skytrain project without the approval of the GIIF Board.
Mr Asamoah is a former Chief Executive Officer of GIIF, while Prof. Ameyaw Ekumfi previously served as Chairman of the Fund’s Board.
The Skytrain trial has attracted significant attention because of the allegations surrounding the use of public funds and the decision-making processes at GIIF.
The latest Supreme Court ruling means the High Court is now free to proceed with the case, while the substantive legal challenges and the separate application by Prof. Ameyaw Ekumfi continue before the relevant courts.