Lawyers for former Ghana Infrastructure Investment Fund (GIIF) Chief Executive Officer Solomon Asamoah and former Board Chairman Prof. Christopher Ameyaw-Akumfi have argued before the High Court that the alleged $2 million loss arising from the Sky Train project was caused by the global COVID-19 pandemic rather than any criminal wrongdoing on the part of their clients.
The argument is contained in a submission of no case filed after the Attorney General concluded its prosecution against the two accused persons.
Mr. Asamoah and Prof. Ameyaw-Akumfi are standing trial over allegations that they caused financial loss to the state through the disbursement of $2 million for the proposed Sky Train project without the approval of the GIIF Board.
The prosecution closed its case after calling three witnesses: former GIIF Board member Yaw Odame-Darkwa, acting GIIF Board Secretary Kofi Boakye, and National Intelligence Bureau (NIB) investigator Francis Aboagye, who led investigations into the matter.
The witnesses testified that the GIIF Board did not grant approval for the Sky Train project before the funds were disbursed.
However, lawyers for the accused persons contend that the prosecution has failed to establish the offences alleged against their clients. According to the defence, the $2 million investment was lost as a result of the unprecedented economic disruptions caused by the COVID-19 pandemic, which stalled projects and business operations across the world.
The defence maintains that the pandemic significantly affected the viability and progress of the Sky Train project, making it impossible for the investment to yield the expected outcomes. As such, they argue that the loss cannot be attributed to any criminal act or misconduct by the accused persons.
On that basis, the lawyers have asked the court to uphold their submission of no case and dismiss the charges without requiring Mr. Asamoah and Prof. Ameyaw-Akumfi to open their defence.
The case is being presided over by Justice Audrey Kocuvie-Tay, who granted the defence three weeks to file its application. The court is expected to determine whether the prosecution has presented sufficient evidence to warrant the accused persons being called upon to defend themselves.
