The High Court in Accra has dismissed a request by lawyers for Gifty Oware-Mensah, the former Deputy Executive Director of the National Service Authority (NSA), to pause her criminal trial while awaiting an appeal against an earlier ruling that she must submit a list of witnesses.
The directive was issued on Tuesday, March 24, 2026, during a case management conference, in accordance with standard practice directions for criminal trials, which require the prosecution to disclose all evidence it intends to rely on and the defence to indicate any potential witnesses if requested.
Madam Oware-Mensah’s legal team, led by Gary Nimako-Marfo, argued that the requirement infringes on her right to the presumption of innocence, a cornerstone of Ghana’s criminal justice system.
They have appealed to the Court of Appeal, seeking to overturn the directive.
While awaiting the appeal decision, the lawyers asked the High Court to stay proceedings, but the request was refused.
They later filed a second application for a stay, linked to another pending appeal on the same issue.
The defence also requested that the trial judge refer the constitutional question to the Supreme Court, a request that was declined.
An appeal has since been filed against that refusal, along with a renewed application to halt the trial.
The court noted that not all parties had been properly served with documents related to the latest application. The case has been adjourned to April 15 to allow service to be completed.
Background
Gifty Oware-Mensah has been implicated in a scandal involving the creation of ghost names in the National Service Secretariat (NSA) database, allegedly causing the state a financial loss exceeding GH¢38 million.
She was formally charged on October 22, 2026, with five counts, including willfully causing financial loss to the state, theft, money laundering, and using public office for personal gain.
Prosecutors allege that during her tenure, Oware-Mensah generated around 9,934 fictitious National Service personnel and unlawfully profited from the monthly allowances paid to these ghost names.
Attorney General Dr Dominic Ayine stated that the alleged actions resulted in financial losses of more than GH¢38 million to the government.
