Lawyers for Professor Christopher Ameyaw-Akumfi have filed a motion at the High Court seeking to halt his ongoing criminal trial. The former Board Chair of the Ghana Infrastructure Investment Fund (GIIF) is facing trial alongside former CEO, Solomon Asamoah over the controversial Sky Train deal.
The two have been charged with causing financial loss to the state and willful dissipation of public funds.
In his latest motion, Prof. Ameyaw-Akumfi’s legal team is asking the court to strike out the charges against him, arguing that they are premature. They are also requesting the court to refer a constitutional question to the Supreme Court under Article 130(2) of the 1992 Constitution.
Article 130(2) mandates any court apart from the Supreme Court to suspend proceedings and refer matters to the Supreme Court when questions arise concerning the interpretation or enforcement of constitutional provisions, or whether an enactment exceeds the powers conferred by the Constitution
Specifically, the lawyers 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 stipulates that any person who intentionally dissipates public funds can face up to 10 years in prison, while intentional misuse carries a sentence of not exceeding five years in jail.
Section 7 holds directors, officers, and partners liable for offences committed by a company or partnership unless they can prove the offence was committed by someone else or that they exercised due diligence to prevent it.
The defence is also asking the High Court to stay proceedings until the Supreme Court rules on the constitutional questions.
The High Court has adjourned the case to July 9, when it will deliver a ruling on the defence’s motion.
Meanwhile, prosecutors have revised their witness list, withdrawing four witness statements. The state now intends to rely on eight witnesses for its case.
