Embattled former Deputy Executive Director of the National Service Authority (NSA), Gifty Oware-Mensah’s request seeking a halt and transfer of her trial to the Supreme Court has been rejected by the Accra High Court.

This comes after she filed for a case transfer to the Supreme Court in early February, challenging the Practice Direction on Disclosure and Case Management Proceedings, 2018, contending 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.

The court presided over by Justice Audrey Kocuvie-Tay ruled on Tuesday, February 10, that the accused had not shown that “a genuine question has arisen for the matter to be referred to the Supreme Court for interpretation,” labelling her request as lacking merit.

In reaction, the defence layer, Mr Nimako, mentioned that the defence would apply for the full reasons and advise their client on the next steps.

“About 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,” revealing that a notice of appeal had already been filed in objection to an order forcing the accused to file her witness list, and 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.

In December last year, Gifty Oware was fingered in fresh trouble alongside her former boss, Osei Assibey.

This was after the Auditor-General’s (AG) office surcharged them to recover a whopping GH¢2.4 billion unlawfully paid from state coffers.

According to the AG, the move was necessitated after a Technical and Forensic Audit of the National Service Authority (NSA) systems, which the office describes as a "well-orchestrated conspiracy" with the Director-General, Osei Assibey Antwi, and his deputy, Gifty Oware-Mensah, being the masterminds behind the scheme.

Consequently, the Auditor-General, Johnson Akuamoah Asiedu, has written to the officers involved to pay back the GH¢2.4 billion instead of justification.

Speaking during an exclusive interview with Graphic Newspaper, Mr Akuamoah Asiedu revealed that, following investigations, “The evidence points to a deliberate and coordinated effort to create channels for the illegal siphoning of funds meant for National Service Personnel (NSP)”

Consequently, he emphatically stated that “We are duty-bound to use every power under the law, particularly Article 187(7) of the 1992 Constitution, to recover every pesewa for the state”, stressing that the article empowers his surchanre process to be independent of any criminal court proceedings.

According to the article, "The Auditor-General may disallow any item of expenditure which is contrary to law and surcharge - (a) the amount of any expenditure disallowed upon the person responsible for incurring or authorising the expenditure; or (b) the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred."

It will, therefore, run concurrently with the Attorney-General's prosecution of the same persons in the court of law.

Among the fraudulent schemes was a virtual marketplace created to allow NSPs to purchase goods on credit and pay with deductions from their allowances.

The forensic audit found that the platform was nothing but a sophisticated engine for generating ghost payments.

“Our forensic analysis reveals that all the supposed NSPs who bought from this marketplace and had their allowances paid to the vendors did not exist. It was a complete fiction,” Mr Akuamoah Asiedu disclosed.

AG on NSA scandal

A couple of months ago, Attorney-General (A-G) and Minister for Justice, Dr. Dominic Ayine, revealed that eight individuals, including three former officers of the National Service Authority (NSA), had admitted to their involvement in the misappropriation of funds at the National Service Scheme (NSS).

Providing an update on the case as part of the Government Accountability Series on Monday, July 28, Dr. Ayine disclosed that eight individuals want to plead guilty in exchange for lighter punishment in this regard.

He explained that the office intended to file formal charges last week; however, it has been postponed following new revelations regarding the ongoing case.

The new evidence, he noted, is tied to a Bank of Ghana account linked to former NSA Director-General, Mr. Osei Assibey, suggesting potential embezzlement involving public funds.

According to him, a total of GH¢189 million was deposited into the account of Mr. Osei Assibey; however, GH¢80 million can not be accounted for.

Furthermore, nearly GH¢2 million was allegedly withdrawn using two cheques that carried Mr. Assibey’s name and account information.

The A-G has stated that the office has reached out to the Bank of Ghana, the Ministry of Finance, and the Controller and Accountant-General’s Department for further information and documentation.“The National Service Authority scandal case was due to be filed last week. However, we stumbled upon evidence of malfeasance involving an account at the Bank of Ghana.“Out of the GH¢189 million transferred, GH¢80 million cannot be traced. Two cheques linked to the former Director-General were used to withdraw just under GH¢2 million,” Dr. Ayine stated.

He added that some of the accused have shown readiness to provide testimony against their fellow accused, with several vendors and service providers also reportedly willing to support the prosecution as witnesses.Earlier this year, a non-profit investigative body, The Fourth Estate, released a report into the payroll records from 2017 to 2023 and the 2024 National Service Year.

The finding revealed serious irregularities within the NSA, uncovering how a 72-year-old Kenyan, Kwame Donkor, was wrongly listed as a beneficiary. Mr Donkor was enlisted on the payroll with a photo and not an official ID card, which is unusual.

However, the photo belonged to Emmanuel Mutio, a Human Resource Manager at a private IT company in Kenya. The 72-year-old Kenyan had his name appear on the payroll 226 times as a registered beneficiary.

The Fourth Estate initially uncovered the issue in November 2024, but the NSA obtained a court order preventing them from publishing the findings.