High Court Dismisses Gifty Oware-Mensah’s Application for Supreme Court Referral
Court rules no constitutional issue arose from directive requiring accused to disclose potential witnesses
- High Court dismisses application seeking referral of constitutional question to the Supreme Court.
- Defence challenges directive compelling disclosure of witnesses, citing presumption of innocence.
- Court to hear motion for stay of proceedings on February 18, 2026.
The High Court has dismissed an application filed by lawyers for former Deputy Director of the National Service Authority (NSA), Gifty Oware-Mensah, seeking a referral to the Supreme Court for constitutional interpretation.
The application followed a directive by the court ordering Oware-Mensah to file a list of witnesses she may call, along with their addresses, should she be required to open her defence.
Her lawyers argued that the requirement under the criminal case management practice directions was inconsistent with the 1992 Constitution. They contended that compelling an accused person to disclose witnesses at that stage infringes on the constitutional presumption of innocence.
Based on this argument, the defence asked the High Court to refer the matter to the Supreme Court for interpretation.
In its ruling, the court held that the applicant failed to demonstrate the existence of any genuine constitutional issue warranting such a referral. Consequently, the court 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 court’s order directing her to file 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 scheduled 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 over a scheduling conflict.
Background
Gifty Oware-Mensah, a former Deputy Director of the National Service Authority, is standing trial on multiple charges, including stealing and causing financial loss to the state.
According to court documents, prosecutors allege that she 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 allegedly obtained on the claim that the company had supplied goods to national service personnel under a hire-purchase arrangement.
However, investigations are said to have revealed that the listed beneficiaries were fictitious and that no goods were supplied. Prosecutors further allege that the loan proceeds were paid into the company’s account and later 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.
