The Supreme Court has dismissed an application by former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer Solomon Asamoah seeking to overturn a High Court ruling that ordered him to open his defence in the alleged $2 million financial loss case involving the proposed Sky Train project.
Mr Asamoah and former GIIF Board Chair Prof. Ameyaw Akumfi are standing trial over allegations that they caused financial loss to the state through the disbursement of funds for the project without the requisite board approval and despite no work having been undertaken to justify the expenditure.
Following the close of the prosecution’s case, the accused persons filed a submission of no case, arguing that the evidence presented did not establish a sufficient basis for them to be called upon to defend themselves.
However, the trial judge, Justice Kocuvie-Tay, dismissed the application and directed the accused persons to open their defence.
Dissatisfied with the ruling, Mr Asamoah invoked the Supreme Court’s supervisory jurisdiction, arguing that the trial judge had exceeded her jurisdiction by making certain definitive pronouncements, including a finding that he was responsible for the alleged financial loss.
A five-member panel of the Supreme Court, presided over by Justice Gabriel Scott Pwamang, rejected the argument.
The panel, which included Justices Asiedu Adibu, Hafisata Amaleboba, Sophia Bernasko-Essah and Anthony Forson Jnr., held that the concerns raised by Mr Asamoah did not provide sufficient grounds for the court to exercise its discretionary supervisory jurisdiction.
The Supreme Court consequently dismissed the application, leaving the High Court proceedings to continue before Justice Kocuvie-Tay.
The dismissal means Mr Asamoah must proceed with his defence in the ongoing trial.