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The lawyer for former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, has challenged an Accra High Court order compelling his client to disclose the names and addresses of her witnesses ahead of trial, describing it as unconstitutional.
Lead counsel, Gary Nimako Marfo, argued that the order, which is based on the Practice Direction on Disclosure and Case Management in Criminal Proceedings, 2018, violates the presumption of innocence guaranteed under Article 19(2)(c) of the 1992 Constitution.
Addressing the court, Mr Marfo contended that compelling an accused person to disclose witnesses at the case management stage shifts the burden of proof away from the prosecution, contrary to constitutional and statutory provisions.
He maintained that Section 11(2) of the Evidence Act, 1975 clearly places the burden of proof on the prosecution, and any directive requiring an accused person to reveal their defence strategy before trial undermines this principle.
On that basis, Mr Marfo filed a motion seeking a suspension of the criminal proceedings to allow the Supreme Court to interpret the constitutionality of Part 2(3)(a) of the Practice Direction.
The disputed provision states that, without prejudice to the constitutional presumption of innocence, an accused person shall disclose the names and addresses of all witnesses they expect to call should the court require them to open their defence after the prosecution closes its case.
Mr Marfo argued that the Constitution does not contain the phrase “without prejudice” under Article 19(2)(c) and that a Practice Direction cannot introduce wording that effectively limits a constitutional right.
However, the Director of Public Prosecutions and lead state prosecutor, Yvonne Atakora Obuobisa, opposed the application, describing the defence’s argument as insufficient to warrant a referral to the Supreme Court.
She insisted that the Practice Direction does not infringe on the presumption of innocence and is designed to promote clarity and fairness in criminal trials.
According to her, an accused person may still be acquitted after the prosecution closes its case and is not compelled to testify or call witnesses if they choose to remain silent.
She explained that the court only calls on an accused person to open their defence after the prosecution has established a prima facie case and that disclosure at the case management stage carries no adverse consequences.
Mrs Obuobisa further argued that the Practice Direction exists primarily for the benefit of accused persons, ensuring they are fully informed of the prosecution’s case and adequately prepared for trial.
She added that an accused person is at liberty to state that they have no witnesses at the case management stage, just as they may elect to remain silent when invited to open their defence.
After nearly three hours of legal submissions, the presiding judge, Justice Audrey Kocuvi-Tay, said she would study the arguments before delivering a ruling.
The court adjourned the matter to February 10, 2026, for a decision on whether to refer the issue to the Supreme Court.
Justice Kocuvi-Tay, however, noted that the trial dates previously agreed upon remain unchanged, meaning Mrs Oware-Mensah’s trial is expected to continue on February 11, 2026.
Background
The case against Gifty Oware-Mensah stems from investigative reports by The Fourth Estate in 2025, which uncovered widespread irregularities within the National Service Authority.
The investigations revealed thousands of ghost names, including fictitious and ineligible individuals, embedded in the Authority’s database, enabling the payment of allowances to non-existent national service personnel.
The exposé highlighted major failures in data integrity and safeguards within the Centralised Service Management Platform, which was allegedly manipulated to generate fake student index numbers and process fraudulent payments.
Following the revelations, the Office of the Attorney-General launched an independent investigation, confirming large-scale financial losses linked to senior NSA officials and private vendors.
In October 2025, Attorney-General Dr Dominic Ayine disclosed that the state had lost more than GH¢2.2 billion through the fraudulent schemes.
Criminal charges have since been filed against key former NSA officials, including former Executive Director Osei Assibey Antwi and former Deputy Director Gifty Oware-Mensah, covering offences such as stealing, causing financial loss to the state, and money laundering.
