NSS scandal trial moves on as court rejects bid to halt proceedings

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 (NSS) scandal trial, allowing the case to continue despite a pending challenge at the Supreme Court.

The ruling was made on Monday, May 11, in the Criminal Division 4 of the High Court, where the court was scheduled to hear testimony from the first prosecution witness in the high-profile case.

Before proceedings could proceed, defence counsel Gary Nimako Marfo orally requested that the trial be suspended. He 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 directive requiring the accused to submit the names and addresses of defence witnesses, which the defence argues raises constitutional concerns.

According to counsel, the application for stay of proceedings was filed on Friday, May 8, 2026, and was allegedly served on both the Attorney-General and the High Court registrar through a bailiff.

However, the trial judge, Justice Audrey Kocuvie-Tay, noted that there was no official record before the court confirming that the application had been properly served. She directed the court clerk to verify the claim with the registrar.

The clerk later reported that no such application had been received by the registrar of the High Court.

The prosecution strongly opposed the oral application, arguing that the mere filing of an application at the Supreme Court does not automatically suspend proceedings in a lower court.

After hearing arguments from both sides, Justice Kocuvie-Tay ruled that the High Court could not be restrained from proceeding with the trial simply because an application had been filed elsewhere.

She stated that unless the Supreme Court issues a specific order staying proceedings, the High Court is legally bound to continue hearing the case.

Following the ruling, the court declined the defence request and set new dates for continuation of the trial.

The proceedings have now been adjourned to Monday, May 18, 2026, when the prosecution is expected to continue presenting its evidence-in-chief.

The NSS scandal trial forms part of wider investigations into alleged irregularities within the National Service Scheme, which have drawn significant public attention and scrutiny over issues of accountability and public sector governance.

Legal analysts note that the ruling reinforces the principle that higher court applications do not automatically halt ongoing trials unless a formal stay order is granted.