Lawyers representing Professor Christopher Ameyaw-Akumfi have filed a motion at the High Court requesting a halt to his ongoing criminal proceedings. The former Board Chair of the Ghana Infrastructure Investment Fund (GIIF), along with former CEO Solomon Asamoah, is on trial over the controversial Sky Train project, facing charges of causing financial loss to the state and willfully misusing public funds.
In the new motion, Prof. Ameyaw-Akumfi’s legal team is asking the court to dismiss the charges against him on grounds that they are premature. They are also seeking a referral of a constitutional issue to the Supreme Court under Article 130(2) of the 1992 Constitution.
That article requires lower courts to suspend proceedings and refer cases to the Supreme Court if they involve questions of constitutional interpretation or the limits of legislative authority.
The defence wants the Supreme Court to determine whether Sections 1 and 7 of the Public Property Protection Law (SMCD 140) are compatible with Article 19 of the Constitution, which guarantees the right to a fair trial.
Section 1 of SMCD 140 prescribes up to 10 years in prison for anyone who willfully misuses public funds, while Section 7 places responsibility on company directors and officers for offences unless they can prove they acted with due diligence or were not involved.
The defence is also urging the High Court to pause proceedings until the Supreme Court resolves the constitutional questions.
The High Court has adjourned the matter to July 9, when it will rule on the motion.
Meanwhile, the prosecution has amended its case, withdrawing four witness statements and announcing that it now intends to rely on eight witnesses.
