The embattled former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, has filed yet another application before the Criminal Division of the High Court in Accra seeking a stay of proceedings in her ongoing trial.
The application is intended to halt the trial to allow the Court of Appeal to determine an interlocutory appeal she has filed, challenging an order by the trial court directing her to disclose the names and addresses of her witnesses.
When the matter was called on Monday, before the High Court, presided over by Her Ladyship Audrey Kocuvie-Tay, Counsel for the accused, Gary Nimako Marfo, moved the application for stay of proceedings.
Mr. Nimako Marfo told the court that the appeal filed at the Court of Appeal raises serious constitutional questions regarding the requirement for an accused person to submit a list of witnesses and their addresses during the case management stage of a criminal trial.
According to him, the directive, which is based on the 2018 Practice Direction on Case Management and Disclosure in Criminal Proceedings, compels an accused person to disclose the nature of their defence even before the prosecution has closed 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 contended that such a requirement undermines the constitutional presumption of innocence as provided under Article 19(2)(c) of the 1992 Constitution.
Mr. Nimako Marfo also argued that Article 19(10), which states that no person tried for a criminal offence shall be compelled to give evidence at trial, is being eroded by the practice direction that compels an accused person to disclose witness details.
He maintained that under the law, an accused person can only be called upon to open their defence after the prosecution has closed its case and established a prima facie case.
Counsel told the court that the appeal also seeks to have the Court of Appeal refer the matter to the Supreme Court of Ghana for constitutional interpretation regarding the compatibility of the practice direction with the provisions of the Constitution.
He argued that if the constitutional issues raised are not resolved by the appellate court to guide the trial, it could result in a grave miscarriage of justice against his client.
For that reason, he urged the court to exercise its discretion to stay proceedings pending the determination of the appeal.
However, the application was strongly opposed by the Director of Public Prosecutions, Yvonne Atakora Obuobisa.
Relying on an affidavit in opposition filed on February 16, 2026, the DPP argued that the trial court’s directive was properly grounded in the 2018 Practice Direction designed to ensure orderly and efficient criminal trials.
She noted that the order was made in compliance with the Constitution, the Criminal and Other Offences Act, 1960 (Act 30), and the applicable practice directions governing criminal proceedings.
The prosecution further argued that a stay of proceedings is only granted under special circumstances and should not be granted merely because a party disagrees with a procedural ruling of the court.
Citing decisions of the Supreme Court, the DPP submitted that the mere filing of an appeal does not automatically result in a stay of proceedings and that the applicant must demonstrate exceptional circumstances.
According to her, the accused person had failed to establish such circumstances or show that the appeal had strong prospects of success to justify halting the trial.
She added that staying the proceedings would prejudice the prosecution’s case and undermine the public interest in ensuring the timely administration of justice.
The DPP also pointed out that the appeal was interlocutory and not against a conviction, noting that even if the appeal eventually succeeds, the trial itself would not be rendered invalid.
She, therefore, urged the court to dismiss the application.
Gifty Oware-Mensah has pleaded not guilty to multiple charges including stealing and money laundering involving about GH¢38 million.
The court has adjourned the matter to March 23, 2026 at 8:00 a.m. for a ruling on the application.
Source: Thechronicle.com.gh
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