The Accra High Court has dismissed the "submission of no case to answer" filed by two former top officials of the Ghana Infrastructure Investment Fund (GIIF) who are standing trial over the controversial and aborted Accra SkyTrain project.

The Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, confirmed the court's decision in a social media update on Facebook. 

The ruling mandates that the former Chief Executive Officer of GIIF, Solomon Asamoah, and the former GIIF Board Chairman, Professor Christopher Ameyaw-Akumfi, must open their defence. They are required to address why they should not be convicted for allegedly causing a US$2 million (£1.58 million) financial loss to the state.

The Call to Open Defence

Lawyers representing the two accused persons had previously submitted to the court that the state had failed to provide sufficient evidence to support the charges against them. They argued that the case should be dropped without requiring their clients to present a formal defence.

However, the High Court threw out the application, establishing that the prosecution had made a sufficient prima facie case to warrant a full defence.

"A while ago, the High Court dismissed the submissions of the two Accused Persons... The Court has since directed them to open their defence and give reasons why they should not be convicted for causing US$ 2 million loss to the nation," Dr Srem-Sai stated, expressing gratitude to the state attorneys and Bureau of National Investigations (BNI) teams.

Background of the Case

The criminal trial stems from a transaction authorized in February 2019, where US$2 million was transferred from GIIF Project Development Company accounts to the bank account of Africa Investor Holdings Limited in Mauritius. The payment was intended as an upfront consideration for shares and preliminary works regarding a proposed $2.6 billion elevated urban rail system designed to ease traffic congestion in Accra.

Despite the substantial financial disbursement, the prosecution maintains that:

- No Board Approvals: The US$2 million transaction was executed without the mandatory authorizations or approvals from the GIIF governing board.

- No Work Done: No physical construction or tangible infrastructure was ever delivered to justify the state expenditure, and the project was eventually abandoned.

- Lack of Due Diligence: Investigators assert that standard due diligence procedures were entirely bypassed before the public funds were released.

The accused individuals have both pleaded not guilty. Professor Ameyaw-Akumfi previously told investigators he signed the transfer documents based strictly on recommendations from the CEO, while Mr Asamoah argued that proper institutional processes were routinely reviewed. During the trial, the defence also contended that the onset of the COVID-19 pandemic, rather than criminal wrongdoing, disrupted global markets and caused the final collapse of the project.

Both men face multiple counts under the Criminal Offences Act, including conspiracy to commit a crime, wilfully causing financial loss to the State, and intentional dissipation of public funds. Following the dismissal of their application, the case will now transition into the defence stage, where the accused are expected to mount their formal counterarguments.