Solomon Asamoah, the first accused in the Accra Sky Train case, has filed an appeal against a decision by trial judge Justice Audrey Kocuvie‑Tay on the order in which defence witnesses should be called. The appeal also seeks a stay of proceedings and the suspension of the High Court’s October 29, 2026 directions while the Court of Appeal considers the interlocutory appeal.
The dispute arose when the court directed that evidence from Asamoah and second accused Prof. Christopher Ameyaw‑Akumfi would be heard before fixing dates for the testimony of Asamoah’s subpoenaed witnesses. Asamoah’s counsel objected, arguing that the accused intended to testify after calling his witnesses. The court maintained its position, prompting the appeal.
In his appeal, Asamoah contends that the judge’s directive lacks legal basis and infringes his constitutional right to a fair hearing and to prepare a full defence. He argues that testifying before his witnesses could force premature disclosure of evidence and strategy, potentially prejudicing his case. He also cites Article 19(2)(e), (f) and (g) of the 1992 Constitution, which guarantee adequate preparation time, legal representation and the opportunity to examine witnesses.
Asamoah further questions the consistency of the court’s approach, noting that similar directions were not imposed on the prosecution and that the order undermines equality between prosecution and defence. He requests that the Court of Appeal set aside the trial judge’s directions and issue any orders necessary to safeguard his constitutional rights.
The two former GIIF board chairmen are charged with six counts, including conspiracy to wilfully cause financial loss to the Republic and conspiracy to commit intentional dissipation of public funds, after allegedly facilitating the transfer of US$2 million to Africa Investor Holdings Limited in February 2019 for an equity stake in a company linked to the Sky Train project.
As the appeal proceeds, observers will watch whether the Court of Appeal upholds the trial judge’s decision or grants the stay and suspensions, a move that could reshape the trial’s timetable and defence strategy.
