Ghana Supreme Court: Rejects Practice Direction Stay of Proceedings

• Ghana's Supreme Court dismissed an application to halt the trial of Gifty Oware-Mensah, former Deputy Executive Director of the National Service Authority.
• The application sought to stop proceedings based on a constitutional challenge to a Practice Direction requiring disclosure of defence witnesses.
• The Supreme Court ruled that a constitutional question does not automatically meet the legal threshold for a stay of ongoing trial proceedings.
• Ms. Oware-Mensah can pursue her constitutional challenge separately while her trial continues.
• She faces five counts, including causing over GH¢38 million financial loss to the state through an alleged ghost names scheme.

The Supreme Court further clarified that Ms. Oware-Mensah retains the right to pursue her constitutional challenge regarding the 'disclosure of defence witnesses Ghana' separately, even as the 'Gifty Oware-Mensah trial Ghana' continues.

The High Court in Accra has scheduled the continuation of the trial involving Gifty Oware-Mensah, a former Deputy Executive Director of the National Service Authority (NSA), for November 9, 2026. This adjournment was requested by her legal team, who communicated their request to Justice Audrey Kocuvie-Tay, the presiding judge. The development follows a significant ruling from Ghana's highest court concerning an attempt to halt the ongoing proceedings.

On May 19, the Supreme Court of Ghana rejected an application filed by Ms. Oware-Mensah's lawyers. This application aimed to secure a stay of proceedings in the trial court, citing the prosecution's alleged non-compliance with a specific court Practice Direction. The apex court's decision ensures that the substantive criminal trial, which accuses Ms. Oware-Mensah of significant financial misconduct, will proceed as planned, despite the procedural challenge.

The application brought before the Supreme Court by Mr. Gary Nimako Marfo, representing Ms. Oware-Mensah, sought to suspend the trial pending a determination of the constitutionality of a particular court Practice Direction. This directive, relevant to Ghana criminal procedure rules, mandates that accused individuals disclose details of their intended defence witnesses during the case management phase. The legal team argued that this constitutional question warranted a pause in the trial.

However, a five-member panel of the Supreme Court, led by Chief Justice Paul Baffoe-Bonnie, concluded that raising a constitutional challenge against a Practice Direction does not automatically provide grounds for suspending an active trial. The court explicitly stated that the request for a stay of proceedings did not satisfy the necessary legal threshold for such an intervention. Chief Justice Baffoe-Bonnie affirmed that, after reviewing the submitted documents, the application did not meet the established criteria for a stay. The Supreme Court further clarified that Ms. Oware-Mensah retains the right to pursue her constitutional challenge regarding the 'disclosure of defence witnesses Ghana' separately, even as the 'Gifty Oware-Mensah trial Ghana' continues. This ruling provides important guidance on the 'Ghana Supreme Court Practice Direction stay of proceedings' and the circumstances under which trials can be halted.

Gifty Oware-Mensah faces serious charges related to allegedly causing financial loss to the state, an amount exceeding GH¢38 million. These charges are central to the 'National Service Authority financial loss case,' which was initiated in October 2025 by Attorney-General Dominic Ayine. The prosecution contends that Ms. Oware-Mensah orchestrated an elaborate fraudulent scheme involving nearly 10,000 fictitious names on the National Service payroll system.

According to the allegations, she purportedly utilized a private entity, Blocks of Life Consult Limited, to secure a loan from the Agricultural Development Bank. This was allegedly achieved by presenting allowances linked to the fabricated names as collateral for the loan. The scheme is said to have enabled her to illicitly obtain GH¢38,458,248.87 through source deductions over an 11-month period. Ms. Oware-Mensah is currently facing five counts, including wilfully causing financial loss to the state, using public office for profit, and money laundering. She has entered a plea of not guilty and remains on bail, which was granted by Justice Kocuvie-Tay.

Lawyers in Ghana should note that challenging the constitutionality of a court Practice Direction, such as one requiring disclosure of defence witnesses, does not automatically meet the legal threshold for a stay of ongoing trial proceedings. This ruling clarifies that such constitutional questions can be pursued separately while the main trial continues, impacting strategic decisions regarding procedural challenges.

Source: Original reporting based on Ghanaian Times coverage