The Supreme Court has dismissed an application by former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, seeking to halt her ongoing criminal trial at the High Court over allegations of causing financial loss exceeding GH¢38 million to the state.
The application, filed by her lawyer, Gary Nimako Marfo, sought a stay of proceedings pending the determination of a constitutional challenge against portions of the Practice Direction on Disclosure and Case Management in Criminal Proceedings.
The defence argued that the trial court’s directive compelling the accused to submit the names and addresses of intended defence witnesses during the Case Management Conference was inconsistent with Article 19(2)(c) of the 1992 Constitution, which guarantees the presumption of innocence.
Delivering its ruling on Tuesday, May 19, 2026, a five-member panel of the Supreme Court presided over by Chief Justice Paul Baffoe-Bonnie held that the request for a stay of proceedings did not meet the legal threshold required to suspend the High Court trial.
The apex court maintained that even if the accused wished to challenge the constitutionality of the practice direction, the criminal proceedings at the High Court could continue simultaneously.
“We are of the view that, having reviewed the processes so far, the application for stay does not meet the threshold for stay of proceedings,” the Chief Justice stated.
He further indicated that the accused remained at liberty to pursue the constitutional interpretation while the substantive trial proceeded.
The ruling represents another setback for the defence after earlier attempts to stop proceedings at the High Court were unsuccessful.
Background to the Case
In October 2025, Attorney-General and Minister for Justice, Dr Dominic Ayine, filed charges against Oware-Mensah over her alleged involvement in a ghost names scandal within the National Service Authority payroll system.
According to the prosecution, investigations revealed that 9,934 non-existent names were allegedly created on the NSA’s Central Management System and used to facilitate fraudulent financial transactions.
Prosecutors further allege that Oware-Mensah later assumed control of a company known as Blocks of Life Consult Limited by appointing her mother’s driver as one of its directors.
The prosecution claims the company was subsequently presented to ADB Bank with representations that it had supplied goods on hire-purchase to the alleged service personnel whose allowances would serve as collateral for a financial facility.
Investigators contend that the arrangement enabled the fraudulent acquisition of GH¢38,458,248.87 through deductions made from allowances linked to the ghost names over an 11-month period.
Oware-Mensah has been charged with five offences, including wilfully causing financial loss to the state, using public office for profit and money laundering.
She has pleaded not guilty to all charges and is currently on bail granted by the High Court, presided over by Justice Audrey Kocuvie-Tay.
The Constitutional Challenge
The legal dispute centres on the Practice Direction Disclosure and Case Management in Criminal Proceedings, introduced in 2018 under former Chief Justice Sophia Akuffo to improve efficiency and speed in criminal trials.
A section of the directive requires accused persons to disclose the names and addresses of intended witnesses during case management proceedings.
Lawyers for Oware-Mensah argued that compelling an accused person to reveal defence witnesses before being called upon to open a defence violates the constitutional presumption of innocence.
The High Court, however, dismissed the request to refer the constitutional issue to the Supreme Court, ruling that the defence had failed to establish sufficient grounds warranting an interpretation by the apex court.
With the Supreme Court’s latest ruling, the criminal trial against the former NSA deputy director is expected to continue at the High Court.
