Ghana’s Supreme Court has dismissed a bid to halt the criminal trial of a former National Service Authority official accused of orchestrating a ghost payroll fraud worth over GH¢38 million, clearing the way for High Court proceedings to continue while a separate constitutional challenge runs its course.
A five-member panel chaired by Chief Justice Paul Baffoe-Bonnie ruled on May 19, 2026, that the application for a stay of proceedings filed on behalf of Gifty Oware-Mensah did not satisfy the legal threshold required to suspend an ongoing trial.
“The application for stay does not meet the threshold for stay of proceedings,” the Chief Justice said, adding that the accused retains the right to pursue her constitutional challenge independently while the trial continues.
Oware-Mensah, former Deputy Executive Director of the National Service Authority (NSA), faces five counts at the High Court including wilfully causing financial loss to the state, using public office for profit and money laundering. She has pleaded not guilty and remains on bail granted by High Court Judge Audrey Kocuvie-Tay.
Her defence lawyer, Gary Nimako Marfo, had sought to pause proceedings pending a constitutional ruling on the Practice Direction on Disclosure and Case Management in Criminal Proceedings (2018), issued under former Chief Justice Sophia Akuffo. The challenge targets Section 2(3)(a) of the directive, which requires accused persons to file the names, addresses and statements of intended defence witnesses during case management. The defence argues the requirement conflicts with Article 19(2)(c) of Ghana’s 1992 Constitution, which guarantees the presumption of innocence.
The Supreme Court held that a pending constitutional question does not automatically justify suspending a criminal trial, establishing a clear separation between the two legal tracks.
The charges stem from a case filed in October 2025 by Attorney-General Dominic Ayine. According to the prosecution, Oware-Mensah used approximately 10,000 ghost names on the NSA payroll to secure a loan from the Agricultural Development Bank (ADB) through her private firm, Blocks of Life Consult Limited, presenting allowances linked to the fictitious names as collateral. The scheme allegedly generated GH¢38,458,248.87 through source deductions over an 11-month period.
