The High Court in Accra has dismissed former National Service Authority (NSA) Deputy Executive Director, Gifty Oware-Mensah’s bid to halt criminal proceedings against her for allegedly causing a GH¢38 million loss to the state.
Her lawyer, Gary Nimako Marfo, sought to suspend the trial and petition the Supreme Court for interpretation of Article 19 (2) (c) of the 1992 Constitution, arguing that a 2018 Practice Direction on Disclosure and Case Management, which requires the accused to disclose witness names pre-trial, violates her constitutional presumption of innocence and the prosecution’s burden of proof.
Justice Audrey Kocuvie-Tay ruled the motion lacked merit, directing Oware-Mensah to comply with witness disclosure rules as the trial resumed on February 18, 2026. The case has been adjourned to February 18 for continuation.
Oware-Mensah, on GH¢10 million bail, faces charges including stealing, causing financial loss, and money laundering in connection with the National Service “ghost names” scandal. She has pleaded not guilty.
The defense argued that pre-trial disclosure undermines constitutional protections, while the Director of Public Prosecutions, Yvonne Atakora Obuobisa, countered that the provision is procedural, aimed at giving the accused adequate time to prepare a defense, and does not infringe on constitutional rights.
The Practice Direction, issued by the Supreme Court and former Chief Justice Sophia Akuffo, governs criminal case management in all Ghanaian courts. Part 2 (3a) specifies that the accused must disclose expected witnesses when called to enter a defense after the prosecution rests, “without prejudice” to their presumption of innocence.
With the High Court rejecting the suspension motion, the trial is set to continue, ensuring both case management compliance and adherence to constitutional safeguards.
BY MALIK SULLEMANA
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