By: Franklin Asare-Donkoh
A High Court in Accra, presided over by Justice Audrey Kocuvie-Tay, has dismissed an application filed by a former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, seeking to halt her trial and refer constitutional issues to the Supreme Court.
According to the presiding judge, Ms Oware-Mensah’s request was “lacking merit”.
Justice Kocuvie-Tay ruled on Tuesday, February 10, 2026, that the defence had failed to demonstrate that a genuine constitutional question had arisen to warrant a referral for interpretation.
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 witnesses at the case management stage violated the presumption of innocence under Article 19 of the 1992 Constitution.
The application, filed by her lawyers led by Garry Nimako Marfo, was opposed by the prosecution, led by Director of Public Prosecutions Yvonne Attakora Obuobisa, who maintained that the Practice Direction was consistent with the Constitution and designed to promote fair and expeditious trials.
In her ruling, Justice Kocuvie-Tay held that the accused had not shown that “a genuine question has arisen for the matter to be referred to the Supreme Court for interpretation,” and accordingly dismissed the application.
Justice Kocuvie-Tay consequently stayed proceedings and adjourned the case to February 18, 2026, to consider the application for stay.
Following the ruling, Mr Nimako said the defence would apply for the full reasons and advise their client on the next steps.
“Regarding 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 a Notice of Appeal had already been filed against an earlier order compelling the accused to file her witness list, adding that a motion for stay of proceedings had also been filed.
Ms Oware-Mensah has pleaded not guilty to charges including stealing, wilfully causing financial loss to the state, using public office for profit, and money laundering, in relation to the alleged GH¢38 million National Service ghost names scandal, and is currently on GH¢10 million bail.
