High Court dismisses Gifty Oware’s application seeking to halt the case until the determination of her appeal

The Accra High Court has dismissed an application by former Deputy Director of the National Service Authority (NSA), Gifty Oware Mensah, seeking to halt her ongoing criminal proceedings until the determination of her appeal against an order compelling her to provide the names and addresses of her witnesses during the case management conference.

Her legal team had filed the application to stay proceedings pending the hearing of their appeal at the Court of Appeal of Ghana. The appeal challenges a previous High Court order refusing to refer the case to the Supreme Court of Ghana for constitutional interpretation.

Gifty Oware has been charged with multiple offences, including using her public office for personal gain, causing financial loss to the state, and money laundering. She has pleaded not guilty to all charges and is currently out on bail. The allegations against her relate to transactions and decisions made during her tenure as Deputy Director of the NSA, which prosecutors claim resulted in the misappropriation of public funds.

Following the dismissal of the application on Tuesday, March 24, her defence lawyers, represented by Nana Benyin Ackon, holding the brief of Gary Nimako, informed the court that they had filed another notice seeking a stay of proceedings pending the outcome of the appeal at the Court of Appeal.

The defence has argued that the Practice Direction on Disclosure at the case management stage, which required the accused to submit witness lists and their addresses, is in violation of the 1992 Constitution. They claim that compelling the accused to disclose witnesses at this early stage could undermine the principles of a fair trial and the rights of the accused, particularly the right to privacy and procedural fairness.

Oware’s legal team therefore requested that the case be referred to the Supreme Court for a formal interpretation of the relevant constitutional provisions before proceedings at the High Court continue. In addition to filing the appeal, the lawyers applied to halt the High Court proceedings to prevent any potential prejudice against their client.

Presiding judge Audrey Kocuvie-Tay ordered that the defence serve the prosecution with their supplementary affidavits detailing their grounds for the stay and adjourned the case to April 15. This allows both the prosecution and defence time to file and review additional documents, ensuring that procedural requirements are met before the case proceeds.

The prosecution had earlier informed the court that, although they were served with the notice of application to stay proceedings pending appeal, they had not received the supplementary affidavits filed by the defence. They had filed an affidavit opposing the application, highlighting concerns that delaying the proceedings could slow down the administration of justice and potentially affect the integrity of the evidence in the case.

Legal analysts note that the dismissal of the application does not prevent the defence from pursuing their appeal at the Court of Appeal, meaning that the question of whether the High Court’s practice direction aligns with constitutional provisions could still be determined at a higher judicial level.

This case has attracted considerable attention in Ghana, as it involves allegations of financial misconduct by a high-ranking public official. The charges, if proven, could have serious implications for public trust in government institutions and the enforcement of anti-corruption measures.

Observers have also highlighted that the procedural arguments being raised by the defence reflect broader debates in Ghanaian legal practice about the balance between effective prosecution and protection of the constitutional rights of defendants. Questions about when witnesses should be disclosed, the timing of appeals, and the referral of constitutional questions to the Supreme Court are likely to inform future case management practices in the judiciary.

The next hearing, scheduled for April 15, is expected to focus on ensuring that the prosecution has received all supplementary affidavits from the defence, and may involve further arguments on whether the High Court should reconsider any aspects of its orders in light of the ongoing appeal.

Gifty Oware remains on bail, and the court has emphasized that all parties must adhere strictly to procedural timelines to ensure that the case is handled fairly and transparently.