Court Dismisses Gifty Oware-Mensah’s Application for Supreme Court Referral

Accra: An Accra High Court has dismissed an application filed by Gifty Oware-Mensah, a former Deputy Director of the National Service Authority (NSA), who sought to have her case referred to the Supreme Court for interpretation of provisions in the practice directions for case management in criminal trials. This request stemmed from a court directive requiring her to file a list of witnesses, along with their addresses, should she be called to open her defense.

According to Ghana News Agency, Oware-Mensah's lawyers argued that the requirement was inconsistent with the 1992 Constitution, claiming it violated the constitutional rights of an accused person to be presumed innocent until proven guilty. The defense requested that the High Court refer this constitutional question to the Supreme Court for interpretation.

Additionally, a motion for a stay of proceedings, filed on February 10, 2026, remains pending before the court. Initially scheduled for February 17, 2026, the hearing was rescheduled to February 18, 2026. Mrs. Oware-Mensah faces five criminal charges filed by the Attorney-General and Minister of Justice, including stealing, willfully causing financial loss, using public office for profit, and money laundering.

The facts of the case suggest that Mrs. Oware-Mensah, who managed the NSA's Finance and Procurement Departments, allegedly orchestrated a scam involving the NSA's 'marketplace' platform, designed to offer hire-purchase services to service personnel. The prosecution claims she took control of a private company, Blocks of Life Consult, and fabricated a list of 9,934 ghost names from the NSA's system. She then approached the Agricultural Development Bank, falsely asserting her company had supplied goods to these non-existent individuals, seeking a loan using their fictional allowances as collateral.

This scheme led to a loan agreement between Adb and the NSA, resulting in a GHS31.5 million disbursement directly into her company's account. Subsequently, she transferred over GHS22.9 million to another company where she held the position of Director. According to fact sheets, no goods were delivered to any service personnel, and her actions allegedly resulted in a total loss of GHS38,458,248.87 to the State.