Supreme Court dismisses application to halt criminal trial of Gifty Oware-Mensah

The Supreme Court of Ghana has dismissed an application seeking to halt the criminal trial of Gifty Oware-Mensah, clearing the way for proceedings at the High Court to continue despite an ongoing constitutional challenge.

A five-member panel chaired by Chief Justice Paul Baffoe-Bonnie ruled on May 19, 2026, that the request for a stay of proceedings did not meet the required legal threshold.

Delivering the ruling, the Chief Justice stated that the application for a stay failed to meet the necessary criteria, noting that the accused could still pursue her constitutional challenge separately while the trial moves forward.

Oware-Mensah, a former Deputy Executive Director of the National Service Authority, is standing trial at the High Court of Ghana over allegations of causing financial loss to the state exceeding GH¢38 million.

Her lawyer, Gary Nimako Marfo, had petitioned the apex court to pause the trial pending a determination on the constitutionality of a court practice direction that requires accused persons to disclose details of their intended defense witnesses during case management.

The underlying constitutional dispute centers on the Practice Direction on Disclosure and Case Management in Criminal Proceedings, which was issued in 2018 under former Chief Justice Sophia Akuffo.

Specifically, Section 2(3)(a) mandates that accused persons file the names, addresses, and statements of the witnesses they intend to call. The defense contends that this requirement undermines Article 19(2)(c) of the 1992 Constitution, which guarantees the presumption of innocence.

However, the Supreme Court maintained that such a constitutional question does not automatically justify suspending an ongoing criminal trial.

The criminal charges stem from a case initiated in October 2025 by Attorney-General Dominic Ayine, who alleges that Oware-Mensah orchestrated a fraudulent scheme involving nearly 10,000 ghost names on the National Service payroll system.

According to the prosecution, she allegedly used a private company, Blocks of Life Consult Limited, to secure a loan from the Agricultural Development Bank by presenting allowances linked to the fictitious names as collateral.

This scheme allegedly enabled her to obtain GH¢38,458,248.87 through source deductions over an 11-month period.

Oware-Mensah faces five counts, including willfully causing financial loss to the state, using public office for profit, and money laundering.

She has pleaded not guilty to all charges and remains on bail granted by the High Court, which is presided over by Justice Audrey Kocuvie-Tay.

The Supreme Court’s ruling underscores its reluctance to delay criminal trials without compelling justification, ensuring that the High Court proceedings will continue on a separate track from the constitutional interpretation case.

Source: classfmonline.com