Court Dismisses Second Stay Application by Gifty Oware Mensah in NSA Trial

The Criminal Division of the High Court in Accra, presided over by Her Ladyship Justice Audrey Kocuvie-Tay, has dismissed another application filed by former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware Mensah, seeking a stay of proceedings in her ongoing criminal trial.

This is the second time the court has refused an application by Mrs. Oware Mensah to halt proceedings in the case in which she is facing charges of wilfully causing financial loss to the state, using public office for profit, and money laundering.

Moving the motion on March 9, counsel for the accused, Gary Nimako Marfo, argued that the defence had filed an interlocutory appeal at the Court of Appeal challenging an earlier order by the High Court directing the accused person to file the names and addresses of witnesses she intends to call.

According to counsel, the appeal raises serious constitutional issues relating to the 1992 Constitution, particularly the presumption of innocence under Article 19(2)(c), and the right not to be compelled to give evidence in a criminal trial.

He submitted that compelling an accused person to disclose witnesses before the prosecution closes its case undermines the constitutional protection afforded to accused persons.

Counsel further argued that the Practice Direction on Case Management and Disclosure Proceedings, 2018, which requires such disclosure, is inconsistent with the Constitution and the Evidence Act, which places the burden of proof solely on the prosecution.

He told the court that failure to stay proceedings pending the determination of the appeal could lead to a miscarriage of justice and prayed the court to exercise its discretion in favour of the accused.

Opposing the application, Principal State Attorney, Dufie Prempeh, submitted that the Republic had already filed an affidavit in opposition and urged the court to dismiss the motion.

She argued that the order directing the accused to disclose witnesses was made in accordance with the Constitution, the Criminal Offences Act, and the Practice Direction aimed at ensuring orderly and efficient trials.

The prosecution further stated that filing an appeal does not automatically warrant a stay of proceedings and that such orders are only granted in exceptional circumstances.

According to the Republic, the accused had failed to demonstrate any special circumstances to justify halting the trial, adding that granting the stay would delay justice and undermine public interest, especially considering the nature of the offences.

The prosecution also noted that the appeal is interlocutory and not against a conviction, and therefore the trial would not be rendered invalid even if the appeal succeeds.

 

Court dismisses application

After hearing arguments from both sides, the court adjourned the matter and dismissed the application for stay of proceedings on the returned date, March 23.

After the dismissal of the application, defence counsel Nana Benyin Ackon, holding brief for Gary Nimako Marfo, informed the court that another application for stay had been filed, but counsel was unable to attend court due to ill health and prayed for a short adjournment.

However, the court noted that although the application for stay of proceedings pending an interlocutory appeal filed on February 17, 2026, had been served on the Republic, the supplementary affidavit filed on March 11, 2026, had not been served.

Principal State Attorney Dufie Prempeh confirmed that the prosecution had not received the supplementary affidavit. Justice Kocuvie-Tay consequently ordered the defence to ensure proper service of the supplementary affidavit on the Republic. The case has been adjourned to April 15, 2026 for continuation of proceedings.

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