NSA trial: Court sets March 23 for ruling on Oware-Mensah's motion for stay

The High Court in Accra is set to decide later this month whether to pause the criminal trial of former National Service Authority deputy executive director Gifty Oware-Mensah.

The application before the court seeks to halt proceedings while the Court of Appeal considers a separate challenge filed by the accused to a trial court directive on defence disclosures.

At the centre of the dispute is an order requiring her to provide the names and addresses of witnesses she intends to call. Her lawyers argue that such a requirement raises constitutional concerns and should not be enforced before the prosecution has finished its case.

When the matter came up on Monday before Justice Audrey Kocuvie-Tay, defence lawyer Gary Nimako Marfo pressed the court to grant a stay of proceedings pending the appeal.

He said the issue goes beyond case management and touches directly on the constitutional rights of an accused person. In his view, requiring a defence witness list at that stage of proceedings effectively forces the accused to reveal part of her case prematurely.

The defence contends that this approach conflicts with the presumption of innocence under Article 19(2)(c) of the 1992 Constitution. Counsel also argued that it cuts against Article 19(10), which protects an accused person from being compelled to give evidence at trial.

According to him, the proper stage for an accused person to open a defence is only after the prosecution has closed its case and established a prima facie case.

He further told the court that the appeal seeks to have the constitutional question referred to the Supreme Court for interpretation, particularly on whether the 2018 Practice Direction on Case Management and Disclosure in Criminal Proceedings is consistent with the Constitution.

The prosecution, however, urged the court to reject the application.

Director of Public Prosecutions Yvonne Atakora Obuobisa argued that the trial judge’s order was lawfully made under the applicable practice direction and was intended to ensure an orderly and efficient criminal process.

She maintained that a stay of proceedings is not granted as a matter of routine and that the filing of an appeal alone does not justify bringing a trial to a halt.

The prosecution’s position is that no exceptional circumstances have been shown. It also argued that suspending the case would work against the public interest and delay the administration of justice.

The DPP added that the appeal is interlocutory, not a challenge to any final conviction, and said the proceedings would not be rendered worthless even if the appeal were later to succeed.

Ms Oware-Mensah has denied all the charges against her, including stealing and money laundering involving about GH¢38 million.