The High Court in Ghana has rejected an oral application to halt the ongoing National Service Scheme (NSS) scandal trial. The decision was made on Monday, May 11, 2026, by the High Court’s Criminal Division 4, which was scheduled to hear evidence from the first prosecution witness. The application was brought by lawyers representing Gifty Oware Aboagye Mensah, one of the accused.
Context of the Legal Challenge
The defense counsel, Gary Nimako Marfo, informed the court that an application had been filed at the Supreme Court of Ghana. This application challenges the constitutionality of a 2018 practice direction issued by the Chief Justice.
Specifically, the challenge targets an earlier order from the trial court that required the accused to provide the names and addresses of their defense witnesses. The defense argued that the filing of an application for a stay of proceedings at the Supreme Court on Friday, May 8, 2026, should automatically suspend the High Court proceedings.
Counsel stated that he had been informed by a bailiff that the application had been served on both the Attorney-General and the registrar of the High Court. He urged the court to stay proceedings pending the Supreme Court’s determination.
Court Proceedings and Ruling
However, the presiding judge, Justice Audrey Kocuvie-Tay, noted that there was no official record before the court confirming the service of such an application. The court clerk was directed to make inquiries with the registrar.
Upon returning, the clerk informed the court that no such process had been served on the registrar, contradicting the defense’s claim.
The prosecution strongly opposed the oral request, arguing that the mere filing of an application at the Supreme Court does not automatically halt proceedings in the High Court. They emphasized that the trial must continue unless a specific directive is issued by the higher court.
Justice Kocuvie-Tay upheld the prosecution’s argument. She ruled that the High Court could not be restrained by the mere filing of an application. The trial would proceed unless the Supreme Court issued a specific order to stay its proceedings.
Trial Continuation and Future Dates
Following the ruling, the court proceeded to set new dates for the continuation of the trial. The proceedings have been adjourned to Monday, May 18, 2026. On this date, the prosecution is expected to continue presenting its evidence-in-chief against the accused in the NSS scandal case.
Implications for the Trial and Beyond
The High Court’s decision signifies a determination to move forward with the trial despite the legal challenges. It underscores the principle that legal proceedings are not automatically stayed upon the filing of an appeal or a related application in a higher court, without a specific order to that effect.
This ruling could set a precedent for how similar legal maneuvers are handled in future trials in Ghana. It highlights the importance of proper service of court processes and the distinction between filing an application and obtaining an order for stay of proceedings.
For the accused, the rejection of the stay application means the trial will continue, and they will need to prepare to face the prosecution’s evidence. The focus now shifts back to the substantive charges of the NSS scandal trial.
Readers and industry observers will be watching closely to see how the defense responds. Will they pursue the Supreme Court challenge more formally, seeking an explicit stay order? Or will they focus their efforts on defending against the charges in the High Court? The continuation of the trial on May 18, 2026, will be a key indicator of the immediate path forward.
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