Solomon Asamoah
A High Court in Accra has dismissed an application by former Chief Executive of Ghana Infrastructure Investment Fund (GIIF), Solomon Asamoah, seeking to halt his trial in the $2 million non-existent Skytrain scandal, pending appeal.
His lawyer, Victoria Barth, had moved a motion urging the court to pause the trial to enable her pursue an appeal against the court’s decision to dismiss an earlier application by the accused, asking the prosecution to provide him with more disclosure documents.
The application was opposed by Sefakor Batse, a Chief State Attorney, who argued that it had no merit.
The court, presided over by Justice Audrey Kocuvie-Tay, in a ruling dismissed the application, holding that he did not demonstrate any exceptional circumstances to warrant the court to grant the application.
Mr. Asamoah and the erstwhile Board Chairman of GIIF, Prof. Christopher Ameyaw-Akumfi, are on trial for their alleged involvement in the dissipation of state funds in the non-existent $2 million Accra Skytrain project.
In July this year, he filed an application before the court asking it to order the prosecution to disclose certain documents which he said were deliberately omitted during disclosure but are crucial to his preparation for defence.
Among the documents he was asking for are all board packs that were sent to members of the GIIF Board from 2017 to 2021, along with both signed and unsigned minutes of the Board and Investment Committee meetings that took place during that period.
He was also seeking the complete attendance records for every GIIF Board and Investment Committee meeting within those years.
Again, Mr. Asamoah sought for all memoranda related to the AI Skytrain project, as well as email correspondence between himself and several members of the board, among others.
The application was opposed by Deputy Attorney General, Justice Srem-Sai, who argued that the materials requested for are not in the prosecution’s possession, and did not come into their possession or the possession of the investigators.
The court, presided over by Justice Comfort Tasiame, in a short ruling held that the prosecution had indicated that the said documents are not in their possession and since there are other means counsel for applicant can use to procure the documents they are requesting for, the request would not be granted.
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. 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