The Accra High Court has dismissed an application filed by former Deputy Director of the National Service Authority, Gifty Oware Mensah, seeking to halt proceedings pending the determination of her appeal.
Oware’s lawyers had filed the application to halt the case while they challenge a court order requiring her to disclose the names and addresses of her witnesses during the case management conference.
The appeal is currently pending at the Court of Appeal.
Oware faces multiple charges, including using public office for profit, causing financial loss to the state, and money laundering. She has pleaded not guilty and is on bail.
Following the dismissal of the application on Tuesday, March 24, defence lawyers, led by Nana Benyin Ackon, holding the brief of Gary Nimako, informed the court of another notice seeking a stay of proceedings pending the determination of a separate appeal at the Court of Appeal.
That appeal challenges the High Court’s refusal to refer the case to the Supreme Court for constitutional interpretation.
Oware’s legal team had argued that the Practice Direction on Disclosure, which requires an accused person to file witness details at the case management stage, contravenes the 1992 Constitution.
They subsequently sought to have the matter referred to the Supreme Court and applied to halt proceedings in the High Court.
Presiding judge Audrey Kocuvie-Tay ordered the defence to serve the prosecution with their supplementary affidavits and adjourned the case to April 15.
The prosecution had informed the court that although they were served with the notice of application to stay proceedings, they had not yet received the supplementary affidavits after filing their opposition.
