Presiding judge Justice Audrey Kocuvie-Tay ruled on Tuesday, February 10, 2026, that the defence had failed to demonstrate that a genuine constitutional question had arisen to warrant a referral for interpretation.

Ms Oware-Mensah had challenged the Practice Direction on Disclosure and Case Management Proceedings, 2018, arguing that provisions requiring an accused person to disclose the names and addresses of witnesses at the case management stage violated the presumption of innocence under Article 19 of the 1992 Constitution.

The application, filed by her lawyers led by Gary Nimako Marfo, was opposed by the prosecution, led by Director of Public Prosecutions, Yvonne Attakora Obuobisa, who maintained that the Practice Direction was consistent with the Constitution and designed to promote fair and expeditious trials.

In her ruling, Justice Kocuvie-Tay held that the accused had not shown that “a genuine question has arisen for the matter to be referred to the Supreme Court for interpretation,” and accordingly dismissed the application.

Following the ruling, Mr Nimako said the defence would apply for the full reasons and advise their client on the next steps.

“In regard to the application for a referral having been dismissed, we will apply for the full copy of the reasons for the dismissal and advise the client as to the way forward,” he said.

He disclosed that a Notice of Appeal had already been filed against an earlier order compelling the accused to file her witness list, adding that a motion for stay of proceedings had also been filed.

Justice Kocuvie-Tay consequently stayed proceedings and adjourned the case to February 18, 2026, to consider the application for stay.

Ms Oware-Mensah has pleaded not guilty to charges including stealing, willfully causing financial loss to the state, using public office for profit and money laundering, in relation to the alleged GH¢38 million National Service ghost names scandal, and is currently on GH¢10 million bail.

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Mr. Assibey Antwi is facing 14 counts, including causing financial loss to the state, stealing, and money laundering.

The charges are brought under sections 179A(1) and 124(1) of the Criminal Offences Act, 1960 (Act 29), and section 1(2)(c) of the Anti-Money Laundering Act, 2020 (Act 1044).

According to prosecutors, the former NSS boss allegedly approved payments to over 60,000 ghost national service personnel and diverted public funds during his tenure from August 2021 to February 2025.

His deputy, Gifty Oware, is also facing several charges, including stealing, money laundering, and abuse of office.

The Attorney-General’s Department claims she misappropriated about GH¢38.46 million between February 2022 and March 2024 while overseeing finance, audit, and procurement at the Authority.

Prosecutors further allege that Ms. Oware “dishonestly transferred GH¢31.5 million from a loan facility meant to support national service personnel into the account of her private firm, Blocks of Life Consult, under the guise of supplying goods on a hire-purchase arrangement.”

Source: Adomonline

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