The High Court in Accra has ordered Chief Executive Officer (CEO) of the defunct Menzgold Ghana Limited, Nana Appiah Mensah, to open his defence on October 16.

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.

In Court on Tuesday, July 23, 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 filed 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 or 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 license 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.