The troubled former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, has submitted another request for a stay of proceedings in her ongoing trial before the Criminal Division of the High Court in Accra.
In order for the Court of Appeal to review an interlocutory appeal she filed against a trial court decision requiring her to reveal the names and addresses of her witnesses, the lawsuit aims to delay the trial.
Gary Nimako Marfo, the accused’s attorney, requested a stay of proceedings when the case was heard on Monday in the High Court, which was presided over by Her Ladyship Audrey Kocuvie-Tay.
Mr. Nimako Marfo informed the court that the Court of Appeal’s appeal raises significant constitutional concerns about the necessity that an accused person provide a list of witnesses and their addresses during a criminal trial’s case management phase.
He states that the directive, which is based on the 2018 Practice Direction on Case Management and Disclosure in Criminal Proceedings, requires an accused person to reveal the substance of their defence before the prosecution has concluded its case.
“We submit that the practice direction asking an accused person to file a list of witnesses and their addresses at the case management stage is an attempt to compel an accused person to disclose the nature of the testimony they intend to lead in their defence even before the prosecution has closed its case,” Counsel argued.
He further argued that the 1992 Constitution’s Article 19(2)(c) presumption of innocence is violated by such a condition.
Additionally, Mr. Nimako Marfo contended that the practice direction that requires an accused individual to reveal witness details is undermining Article 19(10), which states that no one charged for a criminal offence shall be compelled to give testimony at trial.
According to him, an accused person can only be asked to provide their defence when the prosecution has concluded its evidence and proven a prima facie case.
The appeal also aims to have the Court of Appeal submit the case to the Supreme Court of Ghana for constitutional interpretation concerning the practice direction’s consistency with the Constitution’s provisions, counsel informed the court.
He contended that there could be a serious injustice against his client if the appeal court did not rule on the constitutional questions addressed to direct the trial.
He therefore requested that the court use its discretion to halt proceedings while the appeal is being decided.
However, Yvonne Atakora Obuobisa, the Director of Public Prosecutions, vehemently opposed the proposal.
The DPP said in an affidavit in opposition submitted on February 16, 2026, that the trial court’s order was appropriately based on the 2018 Practice Direction intended to guarantee efficient and well-organised criminal proceedings.
She stated that the Criminal and Other Offences Act, 1960 (Act 30), the Constitution, and the relevant practice guidelines regulating criminal proceedings were all followed in making the order.
The prosecution additionally contended that a stay of proceedings should not be granted simply because a party disagrees with a court’s procedural decision; rather, it should only be allowed in exceptional circumstances.
The DPP argued, citing Supreme Court rulings, that the applicant must show extraordinary circumstances and that merely filing an appeal does not automatically result in a stay of proceedings.
She stated that in order to support stopping the trial, the accused had not proven such circumstances or demonstrated that the appeal had a good chance of success.
Staying the proceedings, she continued, would harm the prosecution’s case and jeopardise the public interest in guaranteeing the prompt administration of justice.
Additionally, the DPP emphasised that the appeal was interlocutory rather than challenging a conviction, pointing out that even in the event that the appeal is successful, the trial itself would remain legitimate.
As a result, she asked the court to reject the application.
Gifty Oware-Mensah has entered a not guilty plea to several accusations, including money laundering and theft totalling around GH¢38 million.
The court has postponed its decision on the application until March 23, 2026, at 8:00 a.m.
Source: newsthemegh.com