The High Court in Accra has dismissed former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah’s application seeking to put her trial on hold and refer an issue to the Supreme Court for interpretation, describing it as “lacking merit.”
The ruling, delivered by Justice Audrey Kocuvie-Tay on Tuesday, February 10, 2026, requires the former NSA official to file a list of her witnesses and their addresses at the Case Management Conference stage. Dissatisfied with the order, her lawyers, led by Garry Nimako Marfo, had filed a motion citing alleged inconsistencies between the Practice Direction on Disclosure and Case Management Proceedings 2018 and the 1992 Constitution.
Oware-Mensah argued that the requirement for an accused person to disclose witnesses at the case management stage contravenes the presumption of innocence under Article 19(2)(c) of the Constitution. She also referenced Sections 11(2) and 15 of the Evidence Act and Article 19(10) of the Constitution, arguing that being compelled to disclose witnesses or proceed on short adjournments undermines her right to adequate time and facilities to prepare her defense.
The Director of Public Prosecutions (DPP), Mrs. Yvonne Attakora Obuobisa, opposed the motion, arguing that the Practice Direction is consistent with constitutional provisions. The DPP said the requirements are intended to assist the accused in preparing a defense, ensure expeditious justice, and do not infringe on her rights.
Justice Kocuvie-Tay ruled that the application “lacks merit” and dismissed it, stating that no genuine question had arisen that warranted a referral to the Supreme Court.
Following the ruling, Oware-Mensah’s counsel confirmed that the full copy of the court’s reasons would be requested and advised that a Notice of Appeal had already been filed on January 20, 2026 against the order compelling disclosure of witnesses. A motion for Stay of Proceedings was also filed, with a return date initially set for February 17, later moved to February 18, 2026, by agreement with the parties and the court.
Oware-Mensah has been charged with allegedly causing a financial loss of GH¢38 million in the National Service “ghost names” scandal. She pleaded not guilty to counts of stealing, willfully causing financial loss, using public office for profit, and money laundering, and was released on bail after fulfilling the GH¢10 million conditions. She has denied all the charges leveled against her.
By Murtala Inusah
