By Morkporkpor Anku
Accra, Feb. 17, GNA- An Accra High Court has partly granted a prayer by the defence in the ongoing Sky Train trial, directing the second prosecution witness to produce approved board minutes of March 13, 2019, if available.
The application was moved by Mrs. Victoria Barth, Counsel for Professor Christopher Ameyaw-Akumfi (A1), the former Board Chairman of Ghana Infrastructure Investment Fund (GIIF), who sought an order compelling Mr. Kofi Boakye, the second prosecution witness, to produce draft and signed minutes of a Board meeting of GIIF together with the covering email used to circulate the document.
She argued that the witness, who was the Board Secretary, who was the author of the minutes, had testified that he circulated draft minutes for every board meeting during his tenure and believed the March 13, 2019 minutes could still be located in his email.
The Court gave the orders during a cross-examination of Mr. Boakye in the trial involving Prof Ameyaw-Akumfi, and Mr. Solomon Asamoah, (A2), the former Chief Executive Officer, GIIF.
They have been charged with willfully causing financial loss to the State, intentional dissipation of public funds, and conspiracy to commit crime.
The Former Board Chairman was granted a bail sum of GH¢10 million with two sureties, one of the sureties to be justified with landed property based in Greater Accra.
Mr. Asamoah was also granted a GH₵15 million bail with two sureties, all to be justified with a registered land or property located in the Greater Accra Region.
She maintained that although excerpts of the minutes appeared in Exhibit 5, the defence was entitled to the complete document.
According to Mrs. Barth, the prosecution’s case was that none of the GIIF Board minutes supported the approval of the Sky Train project.
She contended that to establish a prima facie case, the prosecution had the duty of producing all relevant minutes within the period to back their case.
She further told the Court that A1 did not have copies of the said minutes, whether draft or signed.
However, Dr Justice Srem-Sai, the Deputy Attorney-General opposed the prayer, describing it as a “fishing expedition.”
He argued that the accused persons, as Board members, would have received any draft or approved minutes circulated either by hard copy or email and could obtain them from legitimate sources if needed.
He maintained that what mattered in law was the approved Board minutes, not draft versions, adding that GIIF maintained official records of all approved minutes.
The Deputy Attorney-General further contended that the author of Board minutes was not solely the Board Secretary, as the contents reflected contributions of all members.
He also rejected the defence’s submission on burden of proof, saying that its case was that the accused persons expended $2 million without a lawful basis, and that it was for the accused to demonstrate that the expenditure was lawful.
The Court presided over by Justice Audrey Kocuvie-Tay noted that Exhibit 5 made reference to corrections to earlier minutes, presupposing their existence.
She questioned the materiality of the draft minutes to the resolution of the case but acknowledged the witness’s indication that he might be able to procure the approved version.
She consequently granted the prayer in part, directing the witness to produce the approved minutes of March 13, 2019, if he was able to locate them.
The request for draft minutes and the covering email were refused.
In a cross-examination, the witness confirmed receiving an email dated July 30, 2018, regarding an Investment Committee (IC) meeting held on July 31, 2018, and acknowledged that members had expressed support for the Sky Train project at that meeting but maintained that such support did not amount to approval.
He also confirmed receiving subsequent emails concerning IC meetings in September 2018, including agendas and memoranda listing the Sky Train project under “projects for approval.”
However, he insisted that neither the Investment Committee nor the Board approved the Sky Train or Wood Fields projects during his tenure.
He explained that the ring-fencing or making of projected drawdowns for a project did not constitute approval but was a financial prudence measure to ensure funds were available should approval be granted.
The witness maintained that if the Sky Train project had been approved by the IC, it would have formed part of the Committee’s report to the Board meeting of October 24, 2018, as captured in the official minutes.
He further denied that the Board had approved the Wood Fields project, indicating that approval would have required agreement on specific terms, including loan amounts and conditions, which had not been finalised.
The case has been adjourned to February 19, 2026, for continuation of cross-examination.
The Accra SkyTrain project was a proposed elevated light rail system aimed at reducing traffic congestion and air pollution in Accra, Ghana’s capital.
In 2018, the Government signed a Memorandum of Understanding with the AiSky Train Consortium of South Africa.
Following the completion of a feasibility study, in November 2019 the parties signed a Build-Operate-Transfer concession agreement.
The company was to develop the system at an estimated cost of $2.6 billion with a capacity of 10,000 passengers/hour/direction.
GNA
17 Feb. 2026
Edited by Samuel Osei-Frempong