The High Court has been asked to refer a constitutional question to the Supreme Court under Article 130(2) of the 1992 Constitution.
This provision mandates lower courts to suspend proceedings and refer matters for interpretation when issues relating to the enforcement or interpretation of the Constitution arise.
In this case, lawyers for the defence want the Supreme Court to determine whether Sections 1 and 7 of the Public Property Protection Law (SMCD 140) are consistent with Article 19 of the Constitution, which guarantees the right to a fair trial.
Section 1 of SMCD 140 prescribes a sentence of up to 10 years for the intentional dissipation of public funds and up to five years for misuse.
Section 7 holds directors and officers liable for offences committed by a company unless they can prove that the act was carried out by someone else or that they exercised due diligence.
The defence has therefore requested the High Court to halt the trial until the Supreme Court rules on the constitutionality of these provisions.
Meanwhile, the prosecution has revised its witness list, withdrawing four statements. The state now plans to call eight witnesses to prove its case.
The High Court has adjourned the case to July 9, 2025, when it will rule on the defence’s motion.
This legal challenge could significantly impact the proceedings, potentially delaying the trial or prompting a re-evaluation of the charges under constitutional law.
The Sky Train project — a proposed urban rail system for Accra — has been at the centre of controversy following allegations of financial irregularities.
ALSO READ: