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.

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Currently, Prof. Ameyaw-Ekumfi is required to report to the police once a week, while Mr. Asamoah must report every Monday, Wednesday, and Friday until the case is concluded.

Presiding judge, Justice Comfort Tasiame, directed their lawyers to file a formal application so the prosecution can respond accordingly.

Meanwhile, Deputy Attorney-General Dr. Justice Srem Sai informed the court that the State had filed further disclosures and was seeking leave to withdraw certain witness statements.

Mr. Edem Nuhoho, counsel for Mr. Asamoah, described some of the newly filed statements as bulky and requested additional time for a thorough review.

“In the circumstance, we pray that we take a month’s adjournment to enable us to complete that process,” he said.

Similarly, Mr. Duke Aaron Sasu, representing Prof. Ameyaw-Ekumfi, also asked for more time to review the documents for effective case management.

Prof. Ameyaw-Ekumfi was granted bail in the sum of GH¢10 million with two sureties, one of whom must justify the bail with landed property located in Greater Accra. He was also directed to deposit his passport and travel documents with the court and report to the police as part of his bail conditions.

Mr. Asamoah, who was granted bail of GH¢15 million, was required to provide two sureties, both justified with registered property in Greater Accra. In addition, the sureties were instructed to deposit copies of their Ghana Cards and digital addresses with the court registry. Mr. Asamoah was also required to surrender his Ghanaian and UK passports and report to the police three times a week.

The charges against the two are based on Section 23(1) and Section 179A(3)(a) of the Criminal Offences Act, 1960 (Act 29), and relate to a $2 million payment made in 2019 to the bank account of Africa Investor Holdings Limited in Mauritius. The funds were meant for feasibility studies on the Accra SkyTrain project—a project that was never executed.

The State contends that the payment was made in February 2019 without approval from the GIIF Board, and that the disbursement did not follow due process. Investigations revealed that the transfer was authorised on the recommendation of the former CEO, but to date, the accused persons have not accounted for the missing $2 million.

The Accra SkyTrain project was envisioned as an elevated light rail system aimed at reducing traffic congestion and improving air quality in the capital. In 2018, the Government of Ghana signed a Memorandum of Understanding with the AiSkyTrain Consortium from South Africa. A build–operate–transfer concession agreement followed in November 2019 after feasibility studies were completed.

The proposed system was expected to cost approximately $2.6 billion, with the capacity to transport up to 10,000 passengers per hour per direction. The 194-kilometre project was to include five lines—four radial and one loop—using Aeromovel pneumatic propulsion technology.

Despite the initial fanfare, the project encountered significant obstacles, though specific details have not been publicly disclosed.

The court has adjourned the matter to June 24, 2025, for a Case Management Conference (CMC).

The gesture was made during court proceedings on Monday, May 26, when Prof. Ameyaw-Ekumfi was granted bail to the tune of GH¢10 million. The court required two sureties, each to justify the amount with landed property located within the Greater Accra Region.

According to reports, Mr. Agyapong, who was present in court, offered himself as one of the sureties as the defence team works to meet the bail requirements.

Earlier, counsel for Prof. Ameyaw-Ekumfi, Duke Aaron Sasu, had pleaded for bail to be granted on his client’s own recognisance, citing his long-standing public service.

He highlighted Prof. Ameyaw-Ekumfi’s previous roles, including Minister for Education, Minister for Ports and Harbours, and academic leadership as a lecturer and former Pro Vice-Chancellor at the University of Cape Coast. He also served as the Board Chair of the Public Procurement Authority.

The defence also cited the professor’s age—80 years—and his medical history, including two recent surgical procedures, as grounds for leniency in the bail terms.

While Deputy Attorney General Dr. Justice Srem-Sai did not oppose the bail application, he urged the court to adopt the same terms granted to the first accused in the case—a GH¢15 million bail with two sureties, each backed by landed property in the Greater Accra Region.

Justice Comfort Tasiame, however, ruled for a reduced bail amount of GH¢10 million, with the condition that both sureties must justify the amount with landed property situated in Greater Accra.

Source: Myjoyonline

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This follows a spirited bail application by his legal counsel during proceedings at the High Court in Accra on Monday, May 26.

The 80-year-old academic and statesman is facing four charges in connection with the controversial Sky Train project, which involved the payment of $2 million for a proposed urban rail system that was never realised.

He has pleaded not guilty to all charges, including wilfully causing financial loss to the state and the intentional dissipation of public funds.

As part of the bail conditions, the second accused (A2), who is Professor Ameyaw-Ekumfi, is required to deposit his travel documents, including his passport, with the court registry.

He must also report to the police once every week until further notice.

The court, presided over by Justice Afia Serwah Asare-Botwe, adjourned the case to 10th June at 10:00 am for case management conference, where the court will set timelines for pre-trial processes and determine how the trial will proceed.

The ruling brings temporary relief to the ailing former minister, whose legal team cited his advanced age, deteriorating health condition, and long-standing service to the nation as grounds for the grant of bail.

His legal team assured the court of his readiness to comply fully with all bail conditions.

The first accused person is Mr. Solomon Asamoah, former CEO of GIIF. He was also granted bail, and according to the court, Mr. Solomon is complying with court orders accordingly.

The Sky Train case has stirred significant public interest, given its implications for public procurement, accountability, and infrastructure financing in Ghana.

The upcoming case management session is expected to clarify the evidentiary issues and establish the trajectory of what promises to be a high-stakes legal battle.

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Professor Ameyaw-Ekumfi, a former Board Chairman of the Ghana Infrastructure Investment Fund (GIIF), is facing multiple charges, including wilfully causing financial loss to the state.

The trial centres around the disbursement of approximately $2 million towards the procurement of an urban Sky Train system—a project that ultimately failed to materialise.

Professor Ameyaw-Ekumfi is standing trial alongside Solomon Asamoah, a former Chief Executive Officer of GIIF.

While Mr. Asamoah has already entered a plea, proceedings involving Professor Ameyaw-Ekumfi have faced delays due to his absence in court on two prior occasions.

His legal team attributed the delays to health-related emergencies, citing his ailing condition.

Courtroom expectations are high as the judge, state prosecutors, and defence lawyers brace for today’s proceedings, expected to determine whether the former GIIF board chair will finally respond to the charges levelled against him.

Background

The Attorney General’s Office earlier this month formally charged Mr. Solomon Asamoah and Prof. Christopher Ameyaw-Ekumfi for their roles in the controversial Accra Sky Train project, which allegedly cost the state $2 million without authorisation.

The charges, filed on May 13 at the Accra High Court (Criminal Division), include wilfully causing financial loss to the state under the Criminal Offences Act, conspiracy to commit a crime through intentional dissipation of public funds, and intentional dissipation of public funds under the Public Property Protection Decree.

Prosecutors allege that in February 2019, the accused authorised a $2 million payment from GIIF to Africa Investor Holdings Limited for preliminary work on the Sky Train project—a system that was never built.

The payment was reportedly made without proper board approval.

The Sky Train project, initiated in 2018 as a public-private partnership for an urban rail system in Accra, involved a memorandum of understanding between the Ministry of Railways Development, Africa Investor Holdings, and GIIF.

However, investigations revealed the $2 million disbursement lacked proper due diligence and violated GIIF’s governance protocols.

This prosecution forms part of the government’s broader crackdown on financial malfeasance, following earlier warnings of pending charges in the Sky Train and NSS ghost names scandals.

Source: Latif Iddrisu

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