Professor Christopher Ameyaw-Akumfi is former Board Chair of GIIF
Lawyers for Professor Christopher Ameyaw-Akumfi have filed a motion at the Accra High Court seeking to halt his ongoing trial on constitutional grounds.
The former Board Chair of the Ghana Infrastructure Investment Fund (GIIF) is standing trial alongside the Fund’s former Chief Executive Officer, Solomon Asamoah, for willfully causing financial loss to the state, intentional dissipation of public funds, and conspiracy to commit a crime.
In their application, Professor Ameyaw-Akumfi’s legal team is urging the High Court to strike out the charges, describing them as premature.
They are also invoking Article 130(2) of the 1992 Constitution, asking the court to refer key constitutional questions to the Supreme Court for interpretation.
Article 130(2) requires lower courts to suspend proceedings and refer matters to the apex court if questions arise regarding the interpretation or enforcement of the Constitution, or whether an enactment exceeds constitutional powers.
Specifically, the defence wants 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 prescribes up to ten years’ imprisonment for the intentional dissipation of public funds and up to five years for other forms of misuse.
Section 7 extends criminal liability to directors, officers, and partners of institutions for offences committed by their organisations, unless they can prove the offence was committed by someone else or that they exercised due diligence.
The defence is also seeking a stay of proceedings at the High Court pending the Supreme Court’s determination of the constitutional questions.
The High Court has adjourned the case to July 9, 2025, for a ruling on the motion.
Meanwhile, prosecutors have amended their case, withdrawn four witness statements, and now intend to rely on eight witnesses in total.
JKB/MA
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