The High Court in Accra has dismissed an application by the former Deputy Executive Director of the National Service Authority (NSA), Ms Gifty Oware-Mensah, seeking to halt her criminal trial and refer constitutional questions to the Supreme Court.
The presiding judge, Justice Audrey Kocuvie-Tay, ruled on Tuesday that the application lacked merit, holding that the defence had failed to establish that a genuine constitutional issue had arisen to warrant a referral to the apex court.
Ms Oware-Mensah had challenged the Practice Direction on Disclosure and Case Management Proceedings, 2018, arguing that provisions requiring an accused person to disclose the names and addresses of intended witnesses at the case management stage violated the presumption of innocence guaranteed under Article 19 of the 1992 Constitution.
Her lawyers, led by Mr Garry Nimako Marfo, contended that compelling such disclosures imposed an unfair burden on the accused and undermined constitutional safeguards.
The prosecution, led by the Director of Public Prosecutions (DPP), Ms Yvonne Attakora Obuobisa, opposed the application, insisting that the Practice Direction was constitutional and aimed at ensuring fair, efficient and expeditious trials.
In her ruling, Justice Kocuvie-Tay said the defence had not demonstrated that “a genuine question has arisen for the matter to be referred to the Supreme Court for interpretation,” and consequently dismissed the application.
Following the decision, Mr Nimako informed the court that the defence would apply for the full reasons behind the ruling before advising their client on the next course of action.
“In regard to the application for a referral having been dismissed, we will apply for the full copy of the reasons for the dismissal and advise the client as to the way forward,” he said.
He disclosed that the defence had already filed a Notice of Appeal against an earlier order compelling the accused to submit her witness list, and had also filed a motion for a stay of proceedings.
Justice Kocuvie-Tay subsequently stayed proceedings and adjourned the case to February 18, 2026, to consider the stay application.
Ms Oware-Mensah has pleaded not guilty to multiple charges, including stealing, willfully causing financial loss to the state, using public office for profit and money laundering, in connection with the alleged GH¢38 million National Service “ghost names” scandal.
She remains on GH¢10 million bail.
