The High Court has rejected an oral application by lawyers for Gifty Oware Aboagye Mensah to stay proceedings in the ongoing National Service Scheme (NSS) scandal trial.
The application was made on Monday, May 11, when the High Court’s Criminal Division 4 had been scheduled to hear evidence from the first prosecution witness.
Before the witness could take the stand, defence counsel Gary Nimako Marfo rose to address the court and asked that proceedings be suspended.
He told the court that the accused had filed an application at the Supreme Court of Ghana challenging the constitutionality of part of a 2018 practice direction issued by the Chief Justice.
The challenge concerns an earlier order of the trial court directing the accused to file the names and addresses of defence witnesses.
According to counsel, an application for stay of proceedings had been filed at the Supreme Court on Friday, May 8, 2026.
He said he had been informed by a bailiff that the application had been served on both the Attorney-General and the registrar of the High Court.
On that basis, he urged the court to stay proceedings pending the hearing of the Supreme Court application.
The trial court, however, said there was no record before it showing that the application had been served.
The presiding judge, Justice Audrey Kocuvie-Tay, directed the court clerk to make inquiries with the registrar.
The clerk later returned and informed the court that no such process had been served on the registrar.
The prosecution opposed the oral request and argued that the filing of an application at the Supreme Court did not automatically halt proceedings before the High Court.
After hearing both sides, Justice Kocuvie-Tay held that the court could not be restrained by the mere filing of an application.
She said the trial would continue unless the Supreme Court specifically directed the High Court to stay its hands.
The court subsequently fixed dates and times for the continuation of the trial.
Proceedings have been adjourned to Monday, May 18, 2026, when the prosecution is expected to continue leading evidence-in-chief.
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Source: www.myjoyonline.com