The Supreme Court has dismissed an application for interlocutory injunction filed by former Ghana Infrastructure Investment Fund Chief Executive Officer Solomon Asamoah, clearing the way for his trial over the $2 million Skytrain project to proceed without interruption.
Justice Senyo Dzamefe, sitting as a single Justice of the Supreme Court, delivered the ruling on Monday, August 31, 2026, after hearing arguments the previous Friday.
The dismissal means the High Court trial, which had been shadowed by Asamoah’s parallel Supreme Court challenge, can now continue on schedule while that separate constitutional matter is resolved independently.
The Application Behind the Injunction Bid
Mr Asamoah, the first accused person in the case, had filed a certiorari application seeking to quash the High Court’s decision rejecting his submission of no case after the prosecution closed its evidence.
Pending determination of that certiorari application, he sought an injunction restraining the High Court from continuing his trial, along with a further suspension of the orders requiring him to open his defence.
Justice Dzamefe heard arguments from Mrs Victoria Barth, counsel for Asamoah, and Deputy Attorney-General Dr Justice Srem-Sai, who opposed the application on behalf of the state.
Why the Court Dismissed the Application
The court’s reasoning rested on three findings. First, Justice Dzamefe held that Asamoah’s own affidavit evidence did not disclose a serious case to be tried, characterising the matters he complained of as issues properly belonging to an appeal rather than grounds for an injunction.
Second, the court found that the trial judge’s decision to rule on the submission of no case was not made without or in excess of jurisdiction, meaning the High Court had acted within its lawful authority.
Third, the court held that Asamoah had failed to demonstrate what irreparable harm would result if the injunction were refused, a standard test for granting interlocutory relief.
The Trial Continues, With a Defence Deadline Ahead
With the injunction dismissed, proceedings in the substantive trial can continue as scheduled rather than pausing to await the outcome of Asamoah’s certiorari application.
The High Court has set September 23, 2026, as the final extended deadline for both accused persons to file their defence, should they choose to do so, a date reached after the trial court granted the accused a third extension earlier in August.
A Parallel Application From the Second Accused
In a related development, Professor Christopher Ameyaw-Akumfi, the second accused and former Board Chairman of GIIF, has filed a fresh application for a stay of proceedings, scheduled to be heard at the Court of Appeal on September 1.
That application runs alongside, rather than in place of, Asamoah’s now-dismissed Supreme Court bid, meaning the trial faces at least one more procedural test before the September 23 defence deadline arrives.
The Underlying Allegations
Mr Asamoah and Ameyaw-Akumfi are standing trial over allegations that GIIF paid $2 million toward the proposed Accra Skytrain project without the required approval of the Fund’s Board.
Prosecutors allege the payment was transferred from GIIF’s account to Africa Investor Holdings Limited, a South African company, for an intended equity stake in the Skytrain venture, which was never constructed.
The two face six counts in total, including conspiracy to wilfully cause financial loss to the Republic and conspiracy to intentionally dissipate public funds. Both have pleaded not guilty to all charges.
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