The High Court in Accra has given state prosecutors a two-week ultimatum to take concrete steps in the ongoing trial of Chief Executive of Menzgold Nana Appiah Mensah, warning that, the case would be adjourned for “the last time.”
Nana Appiah Mensah, aka NAM1, and his two companies – Menzgold and Brew Marketing Consult are challenging High Court decisions at the Court of Appeal, including an order for him to answer to the charges.
However, as of February 4, 2025, there has been no progress on the appeal more than a month after the applications were filed.
On Tuesday, February 4, Senior State Attorney Watkins Adamah explained that the prosecution has not received notice to file their processes for the appeal to be heard.
“We have not been served with any notice of appearing to file our processes for the appeal to be heard,” he pointed out to the Court while acknowledging that, Prosecution has received processes filed by the accused.
The presiding judge criticized the prosecution for the inactivity, emphasizing that an expedited hearing is necessary to determine NAM1’s guilt or innocence.
The Court said, it was going “to adjourn for the last time,” for two weeks and “I want to see some concrete steps.”
NAM1 is facing charges related to defrauding customers of over GH¢340 million between 2016 and 2018.
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 statute.
