State Opposes Gifty Oware-Mensah’s Application for Stay of Proceedings in NSA Ghost Names Trial
Goku Justice - 19th February 2026
State prosecutors acting on behalf of the Attorney-General have filed an affidavit in opposition to an application for a Stay of Proceedings filed by former Deputy Executive Director of the National Service Authority, Gifty Oware-Mensah, in her ongoing criminal trial over the National Service ghost names scandal.
The application for Stay of Proceedings, filed on February 10, 2026, seeks to halt the High Court trial pending the determination of constitutional issues raised by the defence. The Accused Person is challenging an order made by the trial court directing her to file a list containing the names and addresses of her intended witnesses.
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The directive was issued during the Case Management Conference in line with the Practice Direction on Disclosures and Case Management Conference. According to the court, the order was a lawful exercise of its powers under the Practice Direction to ensure effective case management and fair trial proceedings.
However, counsel for the Accused Person argued that the provisions empowering the trial judge to make such an order are inconsistent with Article 19(2)(c) and (e) of the 1992 Constitution, which guarantees the right to a fair trial and the presumption of innocence. On that basis, the defence sought a referral of the constitutional questions to the Supreme Court for interpretation and requested that proceedings at the High Court be stayed in the interim.
Despite the trial court earlier noting the absence of proof of service on the Attorney-General, the State filed its affidavit in opposition on February 16, 2026, firmly opposing the application for Stay of Proceedings.
Gifty Oware-Mensah is facing multiple charges, including one count of stealing, two counts of willfully causing financial loss to the Republic, one count of using public office for profit, and a count of money laundering. The charges stem from allegations that she caused financial loss to the state amounting to more than GH¢38 million through the manipulation of National Service payroll records. She has pleaded not guilty to all charges and is currently on bail after meeting the conditions attached to her GH¢10 million bail sum.
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At proceedings held on Wednesday, February 18, 2026, lead counsel for the Accused Person, Gary Nimako Marfo, informed the High Court that an interlocutory appeal had been filed at the Court of Appeal. He further inquired whether the Republic had filed any affidavit in opposition, stating that the defence had not been served with any such process at the time of the hearing.
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