The High Court in Accra, presided over by Justice Ernest Owusu-Dapaa, has given embattled Chief Executive Officer (CEO) of Menzgold Ghana Limited, Nana Appiah Mensah (NAM1) one last opportunity to open his defense to charges.
On Thursday, July 17, the Court directed NAM1 to file his witness statements by July 24, 2025, or have his witnesses testify orally (Viva voce).
Justice Owusu-Dapaa, emphasized that the court’s decision to proceed with the hearing would not undermine NAM1’s right to a fair trial following some pending applications at the Supreme Court.
The court said it considered the procedural history of the case, noting that an order was made over a year ago (on July 11, 2024) for the accused persons to file witness statements if they chose to defend themselves.
Justice Dapaah stated, “In the circumstances, I direct the accused persons to open their defense by initially filing necessary witness statements or elect to testify directly viva voce (orally) at the next adjourned date.”
The case has been adjourned to July 24, 2025. If NAM1 fails to file witness statements by then, he will be required to call his witnesses to testify on that day.
Caution & reprimand
Justice Owusu-Dapaa, cautioned and reprimanded NAM1 who showed up late in Court on Thursday July 17, when the case was called.
The Court had intended to issue a bench warrant for his arrest when NAM1 eventually arrived in Court.
While being cautioned and reprimanded, the Court said it would be the last time he appeared in Court late else his bail would be revoked until the final determination of the case.
“You are warned to respect Court time. I was going to issue a bench warrant for your arrest and if I did, your bail would be revoked until the end of this case… You are cautioned and reprimanded,” the Court warned NAM1 when he appeared late.
The Court further added, “the Accused person who is on bail arrived late and has been cautioned by the court to desist from such conduct in future and for that matter there is no compelling reason for bench warrant for his arrest as he is in court now although being it late.”
Letter
The Prosecution led by Watkins Adamah, a Senior State Attorney (SSA) said per a letter shown to him, Counsel for the accused is unwell and has caused a letter to be written to that effect.
“We have cited a letter this morning (Thursday July 17) through the Clerk of the counsel of the accused person that counsel (Kwame Boafo Akuffo) is unavailable to attend court due to the fact that he needs medical attention,” the SSA said
The Court also corroborated the submission by the Prosecution saying “The court has taken notice of a letter which appeared on the face of it coming from the lawyer of the accused persons, citing the need to see the doctors on existing knee injury.”
Prosecution’s update
The SSA said, the business for today (Thursday July 17) was to update the court on proceedings pending at the Supreme Court which will in one way of the other impact the prosecution of this case.
He said, “by way of update the applications pending at the Supreme Court at the instance of the accused persons for leave to appeal the decision of the Court of Appeal in respect to the ruling on the Stay of Proceedings and for further orders to Stay Proceedings of the trial court stands adjourned to July 29, 2025.”
“Under the circumstances, we seek further directions from this (High) Court, noting that the accused persons were called upon by this court to open their defense over a year ago. The precise date being July 11, 2024.”
I’m ready, but more time
On July 11, 2024, a year and six days was when Justice Owusu-Dapaa ordered NAM1 to open his defense to charges.
The Court then ordered him to file his witness statements if any before for the trial to proceed but since then, he had filed processes to halt the trial.
The Court observed that, since it asked NAM1 to put together whatever defense his have into writing, it has been more than “one year now we haven’t seen anything.”
In his direct response to the Court, in the absence of his lawyers, he acknowledged the opportunity but said “I am not sure if I have my counsel express permission to address.”
But, said regardless, “I am ready to speak to the issues because I have said I’m not guilty and I will have to explain the business models.
He, therefore, appealed to Court to afford him reasonable ample time especially when his lawyer lawyer has written to the Court about medical emergency.
“I am appealing to the court that if I will humbly request that the time will be adequate,” he said adding that “My prayer is (for the Court) to grant us reasonable time.”
The Court said, “You are going to be given the last opportunity to file if you don’t file, the Court will do what it has to do.”
July 11, 2024 order
Per the order given on July 11, 2024, the High Court ordered him to open his defence on October 16, 2024.
Before then, the Court presided over by Justice Ernest Owusu-Dapaa, a Justice of the Court of Appeal who is sitting as an additional High Court judge has directed him to file his Witness Statements by September 16.
Nana Appiah who is affectionately called NAM1 and his two companies – Menzgold Ghana Limited and Brew Marketing Consult would be calling “at least more than three Witnesses,” according to his lawyers.
On July 23, 2024, Audrey Twum who was holding Kwame Boafo Akuffo’s brief for the Accused said “We are not sure the number of witnesses we will be calling now but at least more than three.”
Isaac Wilberforce Mensah, Assistant State Attorney who represented the State said the processes should be file early enough to enable Prosecution to prepare.
Justice Ernest Owusu-Dapaa, the presiding judge who is sitting with additional responsibility as a High Court judge ordered him to file his Witness Statements on or before September 16.
He is to return to the Court on October 16, 2024 for him to open his defence.
Background
On July 11, 2024 the embattled CEO of defunct Menzgold Ghana Limited, Nana Appiah Mensah popularly known as (NAM1) and his two companies were ordered to open their Defence to answer to charges in the menzgold case.
This was after the Court dismissed his submission of no case to answer.
The Court ruled that prosecution through its nine witnesses have been able to establish a prima facie evidence against them in 35 out of the 39 counts.
Justice Owusu-Dapaa, while analyzing the 39 Counts one after the other found as a fact that the Court will need to hear from the Accused.
Ruling on a submission of no case to answer to whether NAM1 has a case to answer, the Court said it appears that the accused (NAM1 & Brew Marketing Consult) did not posses a valid license to engage in the sale of purchase of gold.
Consequently, the Court said a prima facie has been established against NAM1 and his companies to answer to the charge of selling gold without license.
On the charge of operating a deposit taking business without a licence contrary to sections 6(1) and 22(1) of the Banks and Specialized Deposit-Taking Institutions Act, the Court said, it “find that it appears, at this stage of the prosecution, that Nana Appiah Mensah’s Brew Marketing Consult is unknown as an entity authorized to sell gold to the general public.”
The Court ruled again that, “NAM1 and Brew Marketing Consult must answer to the charge of ‘Selling gold contrary to section 99(1) of the Minerals and Mining Act’”
The Court also said, evidence before the Court suggest that the Bank of Ghana did not endorse the deposit-taking business of NAM1 and Menzgold and NAM1 will need to offer explanations to the Court.
On the charge of Inducement to invest, the Court ruled that using ‘beautiful’ celebrities on billboards like – Stone Bwoy, Becca, Joycelyn Dumas and Jackie Appiah appears to influence public to invest in Menzgold & Brew Marketing.
Justice Ernest Owusu Dapaa while ordering NAM1 and his two companies to answer to 19 Counts of defrauding by false presences, acquitted him on the remaining after prosecution had abandoned three counts because of the unavailability of those victims.
The Court has also ordered the accused to open his Defence to seven counts of fraudulent breach of trust after holding the view that, Prosecution was able to establish a case against him and his companies to answer.
The Court also ordered that NAM1 opens his Defence to the seven Counts of Money Laundering contrary to statutes.
Source: Starrfm.com.gh
