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The High Court has dismissed an application by lawyers for former Deputy Director of the National Service Authority (NSA), Gifty Oware-Mensah, seeking to refer aspects of her ongoing criminal trial to the Supreme Court for constitutional interpretation.
The application followed a directive by the court ordering the accused to file a list of witnesses she may call and their addresses, in the event she is required to open her defence.
Lawyers for Gifty Oware-Mensah argued that the requirement contained in the practice directions on case management in criminal trials was inconsistent with the 1992 Constitution. They contended that compelling an accused person to disclose witnesses before opening a defence infringes on the constitutional right to be presumed innocent until proven guilty.
On that basis, the defence asked the High Court to refer the matter to the Supreme Court for interpretation.
However, in its ruling, the court held that the applicant failed to demonstrate the existence of a genuine constitutional issue warranting a referral. The court consequently dismissed the application in its entirety.
Following the decision, counsel for the accused, Gary Nomako Marfo, informed the court that the defence would apply for the full written reasons for the ruling and advise their client on the appropriate next steps.
He also disclosed that the accused had already filed a Notice of Appeal on January 20, 2026, challenging the order compelling her to submit a list of witnesses and their addresses.
As a result, a Motion for Stay of Proceedings filed on February 10, 2026, is currently pending before the court. Although the motion was initially slated for hearing on February 17, 2026, it has been rescheduled to February 18, 2026, at 10:00 a.m., following concerns raised by the prosecution about a scheduling conflict.
Background
Gifty Oware-Mensah, a former Deputy Director of the National Service Authority, is facing multiple charges, including stealing and causing financial loss to the state.
According to prosecutors, she allegedly created 9,934 fictitious names in the NSA database and used her private company, Blocks of Life Consult, to secure a GH¢31.5 million loan from the Agricultural Development Bank (ADB).
The loan was reportedly obtained on the claim that the company had supplied goods to national service personnel on a hire-purchase basis. However, investigations allegedly revealed that the beneficiaries were fictitious and that no goods were supplied.
Prosecutors further allege that funds from the loan were paid into the company’s account and subsequently transferred to other companies linked to the accused.
The case is expected to continue on February 18, 2026, when the court will consider the pending motion for stay of proceedings.
