Supreme Court refuses to halt Gifty Oware-Mensah trial

The Supreme Court has rejected an attempt by former National Service Authority Deputy Executive Director Gifty Oware-Mensah to temporarily stop her trial at the High Court.

Mrs Oware-Mensah is standing trial over allegations that she caused financial loss of more than GH¢38 million to the state.

Her lawyer, Gary Nimako Marfo, had asked the Supreme Court to stay proceedings at the High Court while it considers a constitutional challenge to a 2018 criminal trial practice direction.

The challenged direction requires an accused person, at the case management stage, to disclose the names and addresses of witnesses they may call if ordered to open a defence.

The defence argues that the requirement is inconsistent with Article 19(2)(c) of the 1992 Constitution, which guarantees the presumption of innocence.

But in its ruling on Tuesday, May 19, 2026, a five-member panel of the Supreme Court held that the High Court trial could continue.

The panel was presided over by Chief Justice Paul Baffoe-Bonnie.

“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 said.

He added that Mrs Oware-Mensah could still pursue the constitutional challenge, but that would not automatically stop the criminal trial.

“The applicant may choose to pursue the interpretation of the practice direction but the trial at the High Court may still go on,” he stated.

The decision clears the way for the High Court, presided over by Justice Audrey Kocuvie-Tay, to continue hearing the case.

Mrs Oware-Mensah has pleaded not guilty to charges including wilfully causing financial loss to the state, using public office for profit and money laundering.

She has been granted bail.

Background

The Attorney-General, Dr Dominic Ayine, charged Mrs Oware-Mensah in October 2025 over an alleged ghost names scandal at the National Service Authority.

Prosecutors claim she generated 9,934 ghost names on the NSA Central Management System.

The state further alleges that she took control of Blocks of Life Consult Limited by making her mother’s driver one of the company’s directors.

According to the prosecution, she presented the company to Agricultural Development Bank as having supplied goods on hire purchase to the 9,934 alleged ghost names.

The prosecution says she then used the allowances attached to those names as collateral to secure a facility.

Investigators allege that the scheme enabled her to fraudulently obtain GH¢38,458,248.87 from the bank through source deductions over an 11-month period.

During case management at the High Court, the trial judge ordered Mrs Oware-Mensah to file the list and addresses of any defence witnesses she intended to rely on.

Her lawyers challenged that order and asked the trial court to refer the constitutional issue to the Supreme Court.

Justice Kocuvie-Tay refused the request, holding that the defence had not shown the need for constitutional interpretation sufficient to halt proceedings.

The defence then went to the Supreme Court seeking a stay of the trial.

That application has now been dismissed.