Gifty Oware Mensah is the former Deputy Executive Director of the National Service Authority
The High Court in Accra has dismissed an application by former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, seeking to halt her criminal trial and refer constitutional issues to the Supreme Court.
Presiding judge Justice Audrey Kocuvie-Tay, ruled on Tuesday, February 10, 2026, that the defence failed to show that a genuine constitutional question had arisen to justify such a referral, describing the application as lacking merit.
Oware-Mensah had challenged the 2018 Practice Direction on Disclosure and Case Management Proceedings, arguing that the requirement for an accused person to disclose the names and addresses of witnesses at the case management stage violated the presumption of innocence guaranteed under Article 19 of the 1992 Constitution.
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The application, filed by her lawyers, led by Gary Nimako Marfo, was opposed by the prosecution, led by Director of Public Prosecutions Yvonne Attakora Obuobisa, who argued that the practice direction was constitutional and intended to promote fair and speedy trials.
Justice Kocuvie-Tay’s ruling held that the accused had not shown that “a genuine question has arisen for the matter to be referred to the Supreme Court for interpretation,” and consequently dismissed the application.
Nimako then said the defence would apply for the full reasons behind the decision and determine their next course of action.
“In regard to the application for a referral having been dismissed, we will apply for the full copy of the reasons for the dismissal and advise the client as to the way forward,” he said.
He further disclosed that a Notice of Appeal had already been filed against an earlier order compelling the accused to file her witness list, along with a motion for stay of proceedings.
The court has since stayed proceedings and adjourned the case to February 18, 2026, to consider the stay application.
Oware-Mensah, who has pleaded not guilty to charges including stealing, willfully causing financial loss to the state, using public office for profit and money laundering, is standing trial over the alleged GH¢38 million National Service ghost names scandal and is currently on GH¢10 million bail.
SO/AE
Source:
www.ghanaweb.com
