The Supreme Court has reserved its ruling on an application by the first accused in the ongoing Skytrain case, Solomon Asamoah, for an interlocutory injunction, seeking to halt proceedings at the High Court pending the determination of his application for certiorari.
A certiorari application is a judicial review process through which a superior court is asked to examine the legality of a decision or proceedings of a lower court or other public body and, where appropriate, quash that decision if it was made in excess or in the absence of jurisdiction, or in breach of applicable legal principles. It is not an appeal on the merits of the case, but is concerned principally with the legality and propriety of the decision or process being challenged.
The application for an interlocutory injunction was argued before the Supreme Court on Friday, August 28, 2026, with counsel for Mr Asamoah, Mrs Victoria Barth, urging the Court to suspend further proceedings in the criminal trial.
The Deputy Attorney General opposed the application and is also contesting the substantive certiorari application filed by the first accused.
The Supreme Court is expected to deliver its ruling on Monday, August 31, 2026, at 10:00 a.m.
Background to the application
The application follows a ruling by the High Court on July 2, 2026, dismissing the submissions of no case made by the two accused persons in The Republic v. Solomon Asamoah & Prof. Ameyaw-Akumfi, popularly known as the Skytrain case.
Following the dismissal of the submissions of no case, the High Court directed both accused persons to file their respective defences within 21 days, if they wished to do so.
However, by the expiry of that period, neither accused had filed a defence. Instead, an application for stay of proceedings was filed.
On July 30, the High Court granted the accused persons a further 21 days within which to file their defences, effectively giving them a total of 42 days from the original directive.
The case was subsequently adjourned to August 24 for a case management conference.
Certiorari application
Before the expiration of the additional period, however, the first accused, Solomon Asamoah, turned to the Supreme Court.
His lawyers filed an application for an order of certiorari, seeking to quash the High Court’s decision dismissing his submission of no case.
The application also challenges what the applicant considers to be a variation of his bail conditions.
Alongside the substantive certiorari application, Mr Asamoah filed the present application for an interlocutory injunction, asking the Supreme Court to halt the continuation of proceedings at the High Court until the certiorari application is determined.
The two applications therefore place before the Supreme Court the question whether the High Court proceedings should continue while the first accused’s challenge to aspects of the High Court’s decision remains pending.
Attorney General opposes application
The Attorney General strongly opposed the application for an interlocutory injunction and is also contesting the substantive certiorari proceedings.
At Friday’s hearing, counsel for the applicant, Mrs Victoria Barth, presented arguments in support of the request for the proceedings to be suspended.
The Deputy Attorney General subsequently responded on behalf of the State, opposing the reliefs being sought.
After hearing the oral arguments from both sides, the Supreme Court did not immediately determine the application.
Instead, the Court fixed Monday, August 31, at 10:00 a.m. for the delivery of its ruling.
The ruling will determine whether proceedings in the Skytrain case at the High Court will be halted pending the determination of the first accused’s certiorari application or whether the application for an interlocutory injunction will be refused.
