The High Court has dismissed an oral application by lawyers for Gifty Oware Aboagye Mensah seeking to stay proceedings in the ongoing National Service Scheme scandal trial.
The application was made on Monday, May 11, when Criminal Division 4 of the High Court was scheduled to hear evidence from the prosecution’s first witness.
Before the witness could testify, defence counsel Gary Nimako Marfo addressed the court and requested that proceedings be suspended.
Counsel informed the court that the accused had filed an application at the Supreme Court of Ghana challenging the constitutionality of part of a 2018 practice direction issued by the Chief Justice.
The challenge relates to an earlier order by the trial court directing the accused to provide the names and addresses of defence witnesses.
According to Mr Marfo, an application for stay of proceedings had been filed at the Supreme Court on Friday, May 8, 2026, and had allegedly been served on both the Attorney-General and the registrar of the High Court.
Based on that, he urged the court to suspend proceedings pending the determination of the matter before the Supreme Court.
The trial court, however, noted that there was no official record before it showing that the application had been served.
Presiding judge, Audrey Kocuvie-Tay, subsequently directed the court clerk to verify the claim with the registrar.
The clerk later informed the court that no such process had been served on the registrar.
The prosecution opposed the request, arguing that the mere filing of an application at the Supreme Court did not automatically halt proceedings before the High Court.
After hearing arguments from both sides, Justice Kocuvie-Tay ruled that the High Court could not be restrained solely on the basis of an application being filed.
She stated that the trial would proceed unless the Supreme Court specifically ordered the High Court to stay proceedings.
The case has been adjourned to Monday, May 18, 2026, when the prosecution is expected to continue leading evidence-in-chief.
