The High Court of Ghana has dismissed an application by lawyers for Gifty Oware-Mensah seeking to halt her ongoing criminal trial pending an appeal over a witness disclosure directive.
The ruling was delivered on Tuesday, March 24, 2026, during a case management conference, where the court reaffirmed its commitment to established criminal trial procedures.
At the centre of the dispute is a directive requiring the defence to submit a list of witnesses it intends to call. The order forms part of standard criminal procedure, which mandates that the prosecution disclose its evidence while the defence may be asked to indicate potential witnesses.
However, lead counsel Gary Nimako-Marfo argued that the requirement undermines his client’s constitutional right to be presumed innocent. According to the defence, compelling the accused to disclose witnesses places an unfair burden on her case.
They have since filed an appeal at the Court of Appeal to challenge the directive and sought a stay of proceedings at the High Court while awaiting the outcome.
Court Declines Stay and Referral Request
The High Court rejected the request to suspend proceedings, maintaining that the trial should continue. A second application for a stay, tied to another pending appeal on the same issue, was also refused.
In addition, the defence asked the trial judge to refer the constitutional question to the Supreme Court, but that request was declined. An appeal has been filed against that decision as well, alongside a renewed attempt to pause the trial.
The court, however, noted procedural gaps, including incomplete service of documents to all parties, and adjourned the case to April 15 to allow proper service.
Background to the Case
Ms. Oware-Mensah is facing multiple charges linked to an alleged payroll fraud scheme at the National Service Authority. Prosecutors claim she was involved in the creation of nearly 9,934 ghost names on the agency’s database.
According to the Attorney General, Dominic Ayine, the alleged scheme resulted in financial losses exceeding GH¢38 million to the state.
She has been charged with offences including willfully causing financial loss, theft, money laundering, and abuse of public office. The trial is expected to continue as legal challenges over procedure unfold.
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