Sky Train case: First accused Solomon Asamoah files appeal to challenge trial judge’s decision to determine order of defence testimony

The first accused person in the ongoing Sky Train case, Solomon Asamoah, has filed an appeal challenging a decision by the trial judge, Justice Audrey Kocuvie-Tay, on the order in which the defence should present its witnesses.

Asamoah is also seeking a stay of proceedings and the suspension of directions issued by the High Court on October 29, 2026, pending the determination of his interlocutory appeal by the Court of Appeal.

The application follows a disagreement during proceedings on October 29, when the court directed that it would first receive evidence from Asamoah and the second accused person, Prof. Christopher Ameyaw-Akumfi, before fixing dates for the testimony of Asamoah’s subpoenaed witnesses.

However, counsel for Asamoah objected to the direction, indicating that his client intended to testify after calling his witnesses. The court nevertheless maintained its position.

In his appeal, Asamoah argues that the trial judge’s directive has no basis in law and does not constitute a fair and reasonable exercise of the court’s case-management powers.

He contends that the decision interferes with his planned defence strategy and threatens his constitutional right to a fair hearing and to make a full answer and defence to the charges against him.

According to the grounds of appeal, requiring him to testify before his subpoenaed witnesses could compel him to disclose his evidence and defence strategy prematurely, potentially prejudicing his case.

He further argues that the directive violates his rights under Article 19(2)(e), (f) and (g) of the 1992 Constitution, which guarantee an accused person adequate time and facilities to prepare a defence, the right to legal representation and the opportunity to obtain the attendance and examination of witnesses.

Asamoah also questions the consistency of the court’s approach, arguing that similar directions were not imposed on the prosecution and that the order undermines the principle of equality between the prosecution and the defence.

He is consequently asking the Court of Appeal to set aside the trial judge’s directions requiring him to testify before his other defence witnesses and make any further orders necessary to safeguard his constitutional right to a fair hearing.

Asamoah and the second accused, former Ghana Infrastructure Investment Fund (GIIF) Board Chairman, Prof. Christopher Ameyaw-Akumfi, are standing trial over the alleged loss of US$2 million in connection with the proposed Accra Sky Train project.

The prosecution alleges that the two former GIIF officials facilitated the transfer of the money to Africa Investor Holdings Limited in February 2019 for an equity stake in a company associated with the project without the requisite approval of the GIIF Board.

They have pleaded not guilty to six charges, including conspiracy to wilfully cause financial loss to the Republic and conspiracy to commit intentional dissipation of public funds.

The High Court ordered the two accused persons to open their defence in July 2026 after dismissing their submission of no case. The prosecution had called three witnesses before closing its case in May 2026.