The Supreme Court has dismissed an attempt by former National Service Authority (NSA) Deputy Executive Director, Gifty Oware-Mensah, to halt her ongoing criminal trial over the alleged loss of more than GH¢38 million to the state.
The decision clears the way for the High Court proceedings to continue despite a constitutional challenge mounted by her legal team against a judicial practice direction governing criminal case management.
A five-member panel of the apex court, presided over by Chief Justice Paul Baffoe-Bonnie, ruled on May 19, 2026, that the application for a stay of proceedings did not meet the legal threshold required to suspend the trial.
“We are of the view that, having reviewed the processes so far, the application for stay does not meet the threshold for stay of proceedings,” the Chief Justice stated.
He added that although the accused had the right to challenge the constitutionality of the practice direction, the High Court case could continue while the matter was being determined.
The legal challenge stemmed from an order by the High Court directing Oware-Mensah to file the names, addresses, and witness statements of persons expected to testify in her defence during the Case Management Conference stage of the trial.
Her lawyer, Gary Nimako Marfo, argued that the requirement violated Article 19(2)(c) of the 1992 Constitution, which guarantees the presumption of innocence.
The disputed order was based on the Practice Direction on Disclosure and Case Management in Criminal Proceedings 2018, introduced under former Chief Justice Sophia Akuffo to improve criminal trial efficiency.
The specific provision under challenge requires accused persons to disclose intended defence witnesses during case management proceedings, although the rule states that the requirement is “without prejudice to the constitutional presumption of innocence.”
Despite the constitutional objection, the Supreme Court ruled that the interpretation dispute was not sufficient grounds to suspend the criminal proceedings.
Alleged GH¢38 Million Fraud Scheme
The Attorney-General and Minister for Justice, Dr. Dominic Ayine, charged Oware-Mensah in October 2025 over what prosecutors describe as a sophisticated ghost-name fraud scheme involving the National Service Authority payroll system.
According to the prosecution, she allegedly created 9,934 ghost names on the NSA Central Management System and used them to fraudulently obtain loans from the Agricultural Development Bank (ADB).
Prosecutors claim she subsequently took control of a company known as Blocks of Life Consult Limited by allegedly installing her mother’s driver as one of its directors before presenting the company to ADB as a supplier operating on a hire-purchase arrangement.
The state alleges that allowances assigned to the ghost names were used as collateral to secure loans from the bank over an 11-month period.
The alleged scheme reportedly resulted in the fraudulent acquisition of GH¢38,458,248.87 through deductions made from allowances linked to the non-existent beneficiaries.
Oware-Mensah faces five charges, including wilfully causing financial loss to the state, using public office for profit, and money laundering.
She has pleaded not guilty to all charges and remains on bail granted by the High Court, presided over by Justice Audrey Kocuvie-Tay.
