Prof. Ameyaw-Akumfi
Board Chairman of the Ghana Infrastructure Investment Fund (GIIF), Prof. Christopher Ameyaw-Akumfi, has filed an application urging a High Court in Accra to strike out the charges levelled against him in the ongoing non-existent $2 million Accra Skytrain project.
According to the application filed at the court’s registry yesterday, the decision by the Attorney General to charge him with conspiracy to commit crime, causing financial loss to the state and intentional dissipation of public fund is premature “and in violation of legal condition precedent imposed on the prosecution.”
He is also asking for an order referring to the Supreme Court, the constitutional question that arises as to the proper construction and application of Sections 1 and 7 of the Public Property Protection Decree, 1977 (SMCD 140), vis-à-vis the fair trial guarantees under Article 19 and the standards governing the exercise of prosecutorial discretion under Article 296 of the Constitution.
Section 7 of SMCD 140 states that “(a) where the body of persons is a body corporate other than a partnership, every director or officer of that body corporate shall be deemed to be guilty of that offence.
It also provides that “where the body of persons is a partnership, every partner shall be deemed to be guilty of that offence: Provided that no person shall be deemed to be guilty of an offence under this section if he proves that the act in respect of which he is charged was committed by some other person without his consent or connivance and that he exercised all such diligence to prevent the commission of that act as he ought to have exercised having regard to all the circumstances.”
To this effect, the applicant is asking the court to stay the proceedings before it pending the final determination of the constitutional question by the Supreme Court.
Prof. Ameyaw-Akumfi and former Chief Executive Officer of GIIF, Solomon Asamoah, have been charged for their alleged involvement in the dissipation of state funds in the non-existent $2 million Accra Skytrain project.
They have denied the charges against them, and the court presided over by Justice Comfort Tasiame has admitted them to bail and as part of the conditions, ordered them to report to the case investigator.
The application is set to be heard on July 9, 2025.
8 Witnesses
The Office of the Attorney General has indicated that it will be calling eight witnesses to testify against the accused persons.
Sefakor Batse, a Chief State Attorney who said this in court, stated that they have filed witness statements and attached various exhibits for the said witnesses.
Meanwhile, the prosecution has asked the court to strike out the witness statements of four witnesses previously filed and furnished on the accused persons and their lawyers.
No particular reasons were given for the withdrawal, and with no objections from the defence, Justice Tasiame struck them out.
Trial
The brief facts indicate that the Accra Skytrain project was to be constructed on a Design, Build, Finance, and Operate basis.
“In the memorandum of understanding, GIIF was to be the anchor equity investor and local project development partner to the Africa Investor Holdings (Proprietary) Limited. It was further agreed in the memorandum of understanding that GIIF would conduct due diligence and develop a bankable feasibility study on the project,” the facts disclosed.
A shareholder agreement was subsequently signed on January 9, 2019 between GIIF and Africa Investor Holdings Limited where the latter was to transfer 10% of its alleged 100% shares in a company styled as ‘Ai Skytrain Consortium Holdings,’ a limited liability company registered in Mauritius.
Upon their arrest, Solomon Asamoah is said to have indicated in his cautioned statement that he obtained approval of GIIF board in respect of the payment, while Prof. Ameyaw-Akumfi told investigators he signed the funds transfer on the recommendation of Mr. Asamoah.
The facts added that neither of the accused persons have been able to account for the $2 million.
BY Gibril Abdul Razak