Gifty Oware Mensah files fresh motion to stay proceedings 

The High Court in Accra has adjourned proceedings in the criminal trial involving former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, after her legal team informed the court of a fresh application for a stay of proceedings.

Ms Oware-Mensah is standing trial in a case, where she faces charges of allegedly wilfully causing financial loss to the state, using public office for profit and money laundering.

At Tuesday’s sitting, Defence Counsel Gary Nimako Marfo notified the court that his client had filed a motion seeking to halt the trial, pending the hearing and determination of an interlocutory appeal before the Court of Appeal.

Addressing the court, Mr Nimako Marfo said: “My Lady, we have filed a motion for stay of proceedings in this honourable court pending the hearing and determination of an interlocutory appeal, which has been filed at the Court of Appeal. May we formally inquire whether the Republic has filed an affidavit in opposition?”

Presiding judge, Justice Audrey Kocuvie-Tay, responded in the affirmative, indicating that the prosecution had indeed filed an affidavit in opposition to the application.

However, Defence Counsel immediately raised concerns over service of the affidavit, telling the court that his team had not been served with the document.

“We have not been served with any affidavit in opposition,” Mr Nimako Marfo stated.

In her ruling, Justice Kocuvie-Tay acknowledged the procedural issue, noting that although the Republic had filed an affidavit in opposition on February 16, 2026, there was no proof of service on the court’s record.

“Before the court is an application for stay of proceedings filed on 10 February, 2026 – even though there is no proof of service of the said application, the Republic has filed an affidavit in opposition on 16 February 2026.

“However, the applicant submits that he has not been served the said affidavit in opposition,” the judge said.

Justice Kocuvie-Tay further indicated that the court was inclined to accept the defence’s submission, given the absence of evidence showing that the affidavit had been served.

“I am inclined to believe that he has not been served since there is also no proof of service on the record of the affidavit in opposition of the application,” she ruled.

The court consequently directed that a copy of the affidavit in opposition be served on the applicant to enable the court to properly determine the motion for stay of proceedings.

“In the circumstances, a copy of the affidavit in opposition to be served on the applicant to enable the court deal with the application,” Justice Kocuvie-Tay ordered.

The case has been adjourned to March 9, 2026, at 9:00 a.m.

 

 

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