Lawyers of the former Board Chairman of the Ghana Infrastructure Investment Fund, Prof Christopher Ameyaw Akumfi, have filed processes at the Accra High Court seeking to stop the criminal case against their client.
Prof Ameyaw Akumfi, together with the former CEO of GIIF, Solomon Asamoah, have been charged with multiple offences, including causing financial loss to the state and intentional dissipation of public funds in connection with the failed Accra Sky Train project.
They have both pleaded not guilty and are on bail.
While Prof Ameyaw Akumfi is on a 10 million cedis bail with two sureties to be justified, Solomon Asamoah has been granted a 15 million cedis bail with two sureties to be justified.
In Court on Tuesday, June 24, lead counsel for the former GIIF Board Chair, Duke Aaron Sasu, notified the court of the motion he had filed, but was stood down by Justice Comfort Tasiame, who drew his attention that the agenda for the day was the case management conference.
In the motion filed by Prof Ameyaw Akumfi’s lawyers, they are pleading with the High Court to quash the charges against him, arguing that they are premature.
Additionally, they want the court to refer a constitutional question to the Supreme Court under Article 130(2) of the 1992 Constitution.
Article 130(2) directs lower courts to halt proceedings and refer matters to the Supreme Court when questions arise concerning the interpretation or enforcement of constitutional provisions, or whether an enactment exceeds the powers conferred by the Constitution.
The lawyers are seeking the apex court to determine whether Sections 1 and 7 of the Public Property Protection Law (SMCD 140) are consistent with Article 19 of the Constitution, which guarantees the right to a fair trial.
According to Section 1 of SMCD 140, any person who intentionally dissipates public funds can face up to 10 years in prison, while intentional misuse carries a sentence of not exceeding five years in jail.
Section 7 however holds directors, officers, and partners liable for offences committed by a company or partnership unless they can prove the offence was committed by someone else or that they exercised due diligence to prevent it.
“Prosecution led by Sefakor Baatse, a Chief State Attorney, notified the court that they will withdraw four witnesses and replace them with eight witnesses.
The prosecution would like to withdraw the witness statements of Francis Aboagye, together with the exhibits filed on June 3 and replace them with those filed on June 10, 2025.
Also, the witness statements of the following: Seth Nana Kwame Osei, Benjamin Nartey Abrokwa, and Reginald Okai. Chief Inspector Kesse will also be withdrawn.”
“We’re calling 8 witnesses, Yaw Odame Darkwa, Kofi Boakye, Andrews Agyenim Boateng, Maame Efua Kyerewa Ababio, Yvonne Adoley Sowah, Hon Tweneboah Kodua, Cecilia Gambriah and Staff Officer Francis Aboagye.
Justice Comfort Tasiame adjourned proceedings to July 9 to rule on the motion filed by lawyers of Prof Ameyaw Akumfi.
