Ghana Sky Train Case: What the Supreme Court Ruling Means
EXPLAINER · GHANA
Key Facts
- —The country Ghana is a West African democracy and one of the world’s leading gold and cocoa producers, with Accra as its capital.
- —Why it matters The case tests whether Ghana can hold former officials to account over public money spent on a rail project that was never built.
- —Why now On Wednesday 14 October, a five-member Supreme Court panel dismissed former fund chief Solomon Asamoah’s bid to quash a trial ruling and remove his judge.
- —What happened The panel refused his applications for certiorari and prohibition, so the High Court trial in Accra continues. A case management conference is set for Monday 19 October.
- —The numbers The state says US$2 million left the Ghana Infrastructure Investment Fund in 2019 without board approval. The planned 194-kilometre Accra Sky Train was never built.
- —What it means for you Foreign investors in Ghanaian infrastructure watch how courts treat state funds and their private partners. The US rates Ghana at Level 2, “exercise increased caution.”
- —Still open Whether the fund’s board approved the payment, what the defence evidence will show, and whether any of the money can be recovered.
The Ghana Sky Train case moved on Wednesday 14 October, when the Supreme Court dismissed a challenge by Solomon Asamoah. The former head of a state infrastructure fund had asked the court to quash a trial ruling and remove his judge.
Asamoah and the fund’s former chairman are accused of causing a US$2 million loss over a rail project never built. For foreign readers, the case shows how Ghana is testing deals struck by state funds under the previous government.
Both men have pleaded not guilty, and the charges remain allegations until the trial court rules. The ruling means their defence can now proceed before the High Court in Accra.
What the Ghana Sky Train Case Is About
The Ghana Infrastructure Investment Fund (GIIF) is a state fund that invests public money in infrastructure projects. Solomon Asamoah was its chief executive, and Prof. Christopher Ameyaw-Akumfi chaired its board.
The Sky Train was a planned elevated rail network for Accra, with five routes and 194 kilometres of track centred on Kwame Nkrumah Circle. Reports conflict on when then railways minister Joe Ghartey signed the deal with a South African group, with most citing November 2019 and one citing November 2018.
In 2019 the fund paid US$2 million to South Africa’s Africa Investor Holdings Limited for 10 shares in a Mauritius project company. The Auditor-General later warned that the money could not be recovered if the project failed to win licences and approvals.
The project was never built, and railways minister John Peter Amewu said in November 2021 that Ghana would build no sky train. Ghartey has since blamed budget limits and Covid-19 lockdowns, which stopped the investors from carrying out feasibility studies.
The Charges and the Evidence So Far
The Attorney-General charged both men in May 2025 with six counts, including wilfully causing financial loss and dissipating public funds. The counts also include conspiracy, and both men have pleaded not guilty.
The prosecution, led by Deputy Attorney-General Dr Justice Srem-Sai, says the GIIF board never approved the payment. It closed its case in May 2026 after calling three witnesses, including a former board member and the acting board secretary.
The defence argues that the US$2 million bought a 10 percent stake in the project company, so no money was dissipated. Defence counsel Victoria Barth also contended that board minutes from 24 October 2018 recorded an approval, a claim the court has yet to test.
On 2 July, Justice Audrey Kocuvie-Tay of the High Court rejected the defendants’ submissions of no case to answer. That meant she found enough evidence for them to answer, not that they are guilty.
Two deadlines to file their defence passed while the two men pursued challenges in higher courts. They finally filed witness statements on Wednesday 23 September, the last deadline the trial judge had set.
What the Supreme Court Decided
Asamoah’s lawyer, Prince Asafo-Agyei, said the trial judge exceeded her powers by calling his client “the direct cause of the loss.” He also objected that she had changed his bail conditions without hearing him, the Daily Graphic reported.
Dr Srem-Sai replied that the bail change simply restored the original terms once an earlier variation lapsed. He called the bias claims unfounded, telling the court: “We do not see any injustice in this case.”
The five-member panel, presided over by Justice Gabriel Pwamang, held that the concerns did not justify using its discretionary supervisory powers. It refused both the certiorari and the prohibition applications, Citi Newsroom and JoyNews reported.
An earlier bid had already failed on Monday 31 August, when Justice Senyo Dzamefe, sitting alone, refused to halt the trial. He said the issues Asamoah raised were matters for an appeal rather than grounds for an injunction.
The Court of Appeal also dismissed a separate request by Prof. Ameyaw-Akumfi to stay the trial in early September. Every reported attempt to pause the case has now failed in court.
What It Means for US Readers
The Sky Train was offered to Ghana as a build, operate and transfer deal, with private investors meant to fund the work. Such deals depend on clear rules about who may commit public money, which is what this trial tests.
For American investors and lenders, a trial that reaches a verdict gives more legal certainty than years of procedural delay. The risk is that a long defence phase keeps the dispute, and the missing US$2 million, unresolved well into 2027.
The US State Department rates Ghana at Level 2, “exercise increased caution,” in an advisory last updated in July 2026. The ruling does not change travel or business conditions on the ground.
What Is Not Known
It is not known whether the GIIF board formally approved the payment, which is the central factual dispute. The trial court will weigh the board minutes and witness evidence before deciding.
It is also unclear whether any of the US$2 million can be recovered from the Mauritius company. No date has been set for a verdict, and either side could appeal one.
Connected Coverage
For the wider political picture, read Ghana Politics Explained, Who Holds Power in 2026. The country’s basics are set out in Ghana Explained: The Country, the Mahama Government and What to Watch.
Visitors and new residents can start with our Accra City Guide for Expats and Visitors. Public transport in the capital is also covered in Accra Aayalolo Contra-Flow Study Tests Kinbu-Adenta Bus Lanes.
Frequently Asked Questions
What is the Ghana Sky Train case?
It is the trial of two former officials of Ghana’s state infrastructure fund over a US$2 million payment for a planned Accra railway. The state says the payment lacked board approval, and both men deny the charges.
What did the Supreme Court decide on 14 October?
A five-member panel dismissed Solomon Asamoah’s applications to quash a High Court ruling and to stop the trial judge from continuing. The trial therefore continues before Justice Audrey Kocuvie-Tay.
Who is Solomon Asamoah?
He is the former chief executive of the Ghana Infrastructure Investment Fund and the first accused in the case. He has pleaded not guilty and is on bail.
Was the Accra Sky Train ever built?
No, the elevated rail network planned for Accra was never constructed. The railways minister said in November 2021 that Ghana would not build a sky train.
What happens next?
The High Court holds a case management conference on Monday 19 October at 10:00 GMT. The defence is then expected to present its evidence.
Sources: Ghanaian Times, 14 Oct 2026; Daily Graphic, 14 Oct 2026; JoyNews, 14 Oct 2026; Citi Newsroom, 14 Oct 2026; Ghanaian Times, 7 Oct 2026; JoyNews, 24 Sep 2026; Ghanaian Times, 2 Sep 2026; Citi Newsroom, 31 Aug 2026; Citi Newsroom, 24 Aug 2026; JoyNews, 20 May 2026; Citi Newsroom, 13 May 2025; Citi Newsroom, Joe Ghartey, Jan 2023; Citi Newsroom, Auditor-General report, Sep 2022; Citi Newsroom, Nov 2021; US State Department travel advisories.
Editorial responsibility: Matthias Camenzind, Editor-in-Chief · Editorial standards · Report an error
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