The High Court has delivered a significant blow to the legal strategy of Gifty Oware-Mensah, the former Deputy Director of the National Service Authority (NSA), by dismissing her application to halt proceedings for a constitutional interpretation at the Supreme Court.
The embattled official, currently facing a litany of charges including stealing and causing financial loss to the state, had sought to challenge the legality of being forced to disclose her witness list before being formally asked to open her defence.
The ruling, delivered in Accra, effectively dismisses the defence’s claim that the Practice Directions for case management in criminal trials infringe upon the constitutional presumption of innocence.
The court maintained that the applicant failed to prove that any genuine constitutional ambiguity existed to warrant the attention of the apex court.
The legal tug-of-war began when the court directed Oware-Mensah to file a comprehensive list of witnesses, including their residential addresses, should she be called upon to mount a defence.
Her legal team, led by Gary Nimako Marfo, argued that this requirement was a direct violation of the 1992 Constitution, specifically the right of an accused person to remain silent and be presumed innocent until the state proves its case beyond a reasonable doubt.
Despite these arguments, the High Court held that the rules are designed to ensure an expeditious trial rather than to shift the burden of proof.
Following the dismissal, Gary Nimako Marfo informed the court of his intent to scrutinise the decision:
“The defence would apply for the full written reasons for the decision and advise their client on the next steps,” he stated.
The underlying criminal case against Oware-Mensah involves one of the most sophisticated ghost-name scandals in recent years. Prosecutors allege a calculated scheme to defraud the state through the following:
The Prosecution’s Data Sheet:
- Fictitious Personnels: The creation of 9,934 fake names within the NSA database.
- The Loan: A GH¢31.5 million (£2.1 million) loan secured from the Agricultural Development Bank (ADB).
- The Vehicle: Oware-Mensah’s private firm, Blocks of Life Consult, was allegedly used to claim it had supplied goods to service personnel on hire-purchase.
- The Money Trail: Funds were allegedly transferred from the company account to various other entities linked to the accused after investigators found that no goods were ever delivered.
Counsel for the accused has disclosed that a Notice of Appeal was already filed on 20th January 2026 against the original order to list witnesses.
Consequently, a Motion for Stay of Proceedings was filed today, 10th February 2026, seeking to freeze the trial until the appeal is heard.
While the motion was initially set for 17th February, a scheduling conflict raised by the prosecution has forced a one-day delay. The court has rescheduled the hearing for Wednesday, 18th February 2026, at 10:00 a.m.
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