State Prosecutors representing the Attorney General have filed an affidavit in opposition to challenge former National Deputy Executive Director of National Service Authority (NSA), Gifty Oware Mesnah, who is seeking a Stay of Proceedings in her ongoing trial.
In an application for Stay of Proceedings filed on February 10, 2026, the Accused Person wants the High Court to halt her trial over the National Service ghost names charges as she challenges an order of the Court for her to file a list of names and addresses of her witnesses.
Relying on provisions in the Practice Direction on Disclosures and Case Management Conference, (CMC), the Court ordered her to submit a list of names and addresses of her witnesses during CMC.
She contended that those provisions that allow the judge to make such orders are inconsistent with provisions in the 1992 Constitution, specifically Article 19(2)(c)(e) and wanted a referral to the Supreme Court for interpretation.
But, that request has been dismissed as the Court was of the view that no issue had arisen for a referral to the Supreme Court.
In view of this, her lawyers submitted that they have filed a Notice of Appeal at the Court of Appeal and subsequently filed an application for Stay of Proceedings pending the hearing and determination of that appeal.
But, the State has opposed the Application for Stay and filed an affidavit in opposition on February 16, despite the Court indicating there was no proof of service on the AG.
Gifty Oware-Mensah has been charged for allegedly causing financial loss to the tune of GH¢38 million in relation to the National Service Ghost names scandal.
She pleaded not guilty to a count of stealing, two counts of willfully causing financial loss to the republic, a count each of using public office for profit, and money laundering, and was granted bail.
The former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah, has been released on bail after executing the conditions surrounding her GH¢10 million bail sum.
She has been accused of causing financial loss of more than GH¢38 million to the state and has denied all the charges leveled against her.
Defence enquiries
On Wednesday, February 18, 2026, Lead Counsel for the Accused, Gary Nimako Marfo told the High Court, “We have filed a motion for Stay of Proceedings in this honourable court pending the hearing and determination of an interlocutory appeal which has been filed at the Court of Appeal.”
“May we formally inquire whether the republic has filed an affidavit in opposition because we have not been served with any affidavits in opposition,” he enquired from the Court.
Prosecution
Dufie Prempeh, the Principal State Attorney who represented the State, said their affidavit in opposition was filed on February 16, 2026.
By Court Justice Audrey Kocuvie-Tay, the Presiding Judge said, “Before the court is an application for stay of proceedings filed on Feb 10, 2026. Even though there is no proof of service of the said application, the Republic has filed an affidavit in opposition on Feb 16, 2026.”
The Court, however, noted “the applicant submits that she has not been served with the said affidavit in opposition.”
“I’m inclined to believe that she has not been served since there is no proof of service of the State’s affidavit in opposition on the applicant.
“In the circumstances, the republic is ordered to take steps to serve the applicant with the affidavit in opposition to enable the court consider such application,” the Court directed.
Source: Starrfm.com.gh
