The Supreme Court has dismissed an application by Solomon Asamoah, the first accused in the $2 million Skytrain case, seeking to quash a High Court ruling that dismissed his submission of no case to answer and to prohibit the trial judge from continuing with the proceedings.
The decision clears the way for the trial to proceed, with the Case Management Conference for the defence scheduled for Monday, October 19, 2026, at 10:00 a.m.
The application before the Supreme Court sought an order of certiorari to quash a ruling delivered by the High Court on July 2, 2026, which dismissed Asamoah’s submission of no case to answer. Following the ruling, the High Court called on the accused persons to open their defence if they wished to do so.
Asamoah also sought an order of prohibition to prevent the trial judge, Justice Audrey Kocuvie-Tay, from continuing to preside over the case.
At the Supreme Court, lawyers for Asamoah argued that the trial judge had acted beyond her jurisdiction by making certain definitive pronouncements in the ruling, particularly concerning his responsibility for the financial loss at the centre of the case.
The Deputy Attorney-General, Dr Justice Srem-Sai, opposed the application, arguing that the applicants had not satisfied the legal requirements for the grant of the orders of certiorari and prohibition.
A five-member panel of the Supreme Court, presided over by Justice Gabriel Scott Pwamang, subsequently dismissed the application, leaving the challenged High Court ruling undisturbed.
Background to the Skytrain Case
Asamoah, a former Chief Executive Officer of the Ghana Infrastructure Investment Fund (GIIF), and former GIIF Board Chair Professor Christopher Ameyaw-Ekumfi are standing trial over the alleged misappropriation of $2 million intended for the Accra SkyTrain project.
The two accused persons face multiple charges, including stealing, causing financial loss to the state and money laundering. They have pleaded not guilty and are on bail.
After the prosecution closed its case, the High Court dismissed the accused persons’ submission of no case to answer, requiring them to proceed to their defence. Asamoah subsequently approached the Supreme Court, seeking to overturn the ruling and prevent the trial judge from continuing with the proceedings.
Certiorari and Prohibition
Certiorari is a supervisory remedy through which a superior court may quash a decision of a lower court or public body where the applicable legal grounds are established. Prohibition, on the other hand, seeks to prevent a lower court or tribunal from continuing proceedings where legal grounds justify such an order.
In this case, Asamoah invoked both remedies to challenge the High Court’s ruling and restrain the trial judge from proceeding with the trial. The Supreme Court’s dismissal means the application has not displaced the High Court’s ruling or halted the proceedings.
What Happens Next?
The case is expected to return to the High Court on Monday, October 19, 2026, for the Case Management Conference for the defence, scheduled for 10:00 a.m.
With the Supreme Court application dismissed, the proceedings are set to continue in accordance with the existing schedule.
