Lawyers for former Board Chair of the Ghana Infrastructure Investment Fund (GIIF), Prof Christopher Ameyaw-Akumfi, have filed a motion at the High Court seeking to suspend his ongoing criminal trial over the controversial Sky Train deal.
Prof. Ameyaw-Akumfi and former GIIF CEO Solomon Asamoah are facing charges of causing financial loss to the state and willful dissipation of public funds.
However, in their latest legal move, the defence argues that the charges are premature and has asked the court to strike them out.
The defence is also requesting the High Court to refer a constitutional question to the Supreme Court under Article 130(2) of the 1992 Constitution.
This provision requires lower courts to suspend proceedings and refer matters when there are questions about constitutional interpretation or enforcement.
Specifically, the lawyers want the Supreme Court to determine whether Sections 1 and 7 of the Public Property Protection Law (SMCD 140) align with Article 19, which guarantees the right to a fair trial.
Section 1 of SMCD 140 prescribes up to 10 years imprisonment for intentional dissipation of public funds and up to five years for misuse.
Section 7 makes directors and officers liable for offences committed by a company unless they prove the act was done by someone else or that they exercised due diligence.
The defence has asked the High Court to halt the trial until the Supreme Court rules on the constitutional questions.
Meanwhile, the prosecution has revised its witness list, withdrawing four statements. The state now plans to rely on eight witnesses to prove its case.
The High Court has adjourned the case to July 9, when it will rule on the defence’s motion.
This legal challenge could have significant implications for the trial, potentially delaying proceedings or leading to a reassessment of the charges under constitutional law.
The Sky Train project, a proposed urban rail system for Accra, has been mired in controversy over alleged financial irregularities.
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