NSA case: Gifty Oware loses round one

The High Court in Accra has dismissed an application by the former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, seeking a stay of proceedings to enable her to invoke the Supreme Court’s interpretative jurisdiction.

The application followed a directive by the trial court, compelling the accused to disclose the names and addresses of her witnesses at the Case Management Conference (CMC).

Ms Gifty Oware-Mensah had argued that the directive raised constitutional issues requiring interpretation by the Supreme Court and, therefore, warranted a stay of proceedings at the High Court.

In a ruling delivered on Tuesday, the court, presided over by Her Ladyship Justice Audrey Kocuvie-Tay, held that the applicant failed to demonstrate that any constitutional question had arisen to justify a referral to the apex court.

“I am of the opinion that the applicant has not demonstrated that a need for interpretation has arisen, warranting a stay of proceedings. The application is entirely dismissed,” Justice Kocuvie-Tay ruled.

Ms Oware-Mensah is standing trial for allegedly stealing, wilfully causing financial loss to the state, using public office for profit and money laundering, in relation to the alleged GH¢38 million.

The Republic is represented by Deputy Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, while the accused is represented by lawyer Gary Nimako Marfo.

Following the dismissal, Mr Gary Nimako Marfo informed the court that the defence would apply for the full written reasons for the ruling and advise their client on the next steps.

“Having regard to the fact that the application for referral to the Supreme Court for interpretation has been dismissed, we will apply for the full copy of the reasons and advise our client as to the way forward,” he said.

Counsel further disclosed that the accused had already filed a notice of appeal on January 20, 2026 challenging the earlier order of the court compelling her to file a list of witnesses and their addresses.

According to him, a separate motion for stay of proceedings, grounded on that appeal, had been filed at the registry of the court and was initially fixed for hearing on February 17, 2026.

Mr Gary Nimako Marfo explained that the application for stay of proceedings was filed on February 10, 2026, adding that steps would be taken to formally serve the Office of the Attorney General while the defence studied the court’s ruling.

In response, the court indicated that, having listened to counsel for the accused, proceedings in the trial would be stayed pending the determination of the application for stay of proceedings.

However, Counsel for the Republic informed the court that the scheduled return date of February 17, 2026, conflicted with other matters she was handling.

Consequently, and with the agreement of all parties, the court adjourned the case to Wednesday, February 18, 2026, at 10:00 a.m. for consideration of the pending application.

 

 

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