A High Court in Accra has dismissed an application by former Deputy Executive Director of the National Service Authority, Gifty Oware-Mensah, seeking to halt her trial and refer constitutional questions to the Supreme Court.
Justice Audrey Kocuvie-Tay ruled Tuesday that the defense failed to show a genuine constitutional issue requiring interpretation. “A genuine question has not arisen for the matter to be referred to the Supreme Court for interpretation,” she said, describing the application as lacking merit.
Oware-Mensah had challenged the Practice Direction on Disclosure and Case Management Proceedings, 2018, arguing that provisions requiring accused persons to disclose witness names and addresses at the case management stage violated the presumption of innocence under Article 19 of the 1992 Constitution.
Her lawyers, led by Garry Nimako Marfo, filed the application. The prosecution, led by Director of Public Prosecutions Yvonne Attakora Obuobisa, opposed it, saying the Practice Direction was consistent with the Constitution and intended to ensure fair and speedy trials.
Following the ruling, Nimako said the defense would request the full reasons for the dismissal before advising their client. “In regard to the application for a referral having been dismissed, we will apply for the full copy of the reasons for the dismissal and advise the client as to the way forward,” he said. He added that a notice of appeal had already been filed against an earlier order compelling the accused to file her witness list, and a motion for stay of proceedings was also pending.
Justice Kocuvie-Tay stayed proceedings and adjourned the case to Feb. 18 to consider the stay application.
Oware-Mensah has pleaded not guilty to charges including stealing, willfully causing financial loss to the state, using public office for profit and money laundering. The charges stem from the alleged 38 million Ghana cedi “ghost names” scandal at the National Service Authority. She is currently on 10 million cedi bail.
