Court adjourns NAM1 case, prosecutor out of jurisdiction

An Accra Circuit Court has adjourned the case involving the Chief Executive Officer (CEO) of Menzgold, Nana Appiah Mensah, also known as NAM 1, and two others to November 20.

The court presided by Mrs Jane Harriet Akweley Quaye adjourned the matter due to the absence of the Prosecutor, Assistant Superintendent of Police (ASP), Mr Sylvester Asare.

In a letter, ASP Asare informed the court that, he was out of the jurisdiction of which parties were duly informed.

Superintendent George Amegah held brief for ASP Asare, while Madam Benedicta Twum did same for Mr Kwame Boafo Akuffo.

On Tuesday, September 3, the court granted a request for an adjournment to enable the State to again amend charges in the case, which would now make him face 48 fresh charges.

In an oral application, ASP Asare, prayed the court that it had become necessary to amend the charge sheet.

It will be the second time the State is amending the charge sheet.

Initially, seven charges were preferred against the accused persons, when the case was first filed on July 12, this year. Subsequently, the State added six more charges on July 26, bringing the charges to 13.

Meanwhile, Nana Appiah is still on his former bail of GH¢1billion with five sureties.

He is to report to the police every Wednesday at 1000 hours.

Nana Appiah pleaded not guilty to all 13 charges levelled against him by the state.

He was charged with abetment of crime, defrauding by false pretenses, carrying on a deposit-taking business without a license, sale of minerals without license, unlawful deposit-taking, and money laundering.

The Prosecution told the court that Menzgold Ghana Limited and Brew Marketing Consult Limited were private limited liability Companies incorporated under the Companies Act, 1963 (Act 179).

Nana Appiah Mensah is the CEO, Rose Tetteh, a Director and Benedicta Appiah, the Secretary of Menzgold and Brew Marketing Company.

The prosecution said in October, 2018, the Police received petitions from about 16,000 complainants to the effect that Menzgold and Brew Marketing Company made a representation and invitation through its officers Nana Appiah, Rita and Benedicta to the public including; the complainants to deposit money for fixed period with interest under pretext of purchasing gold from Brew marketing company.

He said the gold purchased from the Brew Marketing was to be traded in by Menzgold to accrue monthly interest of 10 per cent, adding that upon such representation the complainants deposited various sums of money, totalling GHC1.6 billion.

The prosecution said Police then commenced investigations into the activities of the accused persons but said Nana Appiah, Rita and Benedicta absconded and their offices and residence were found locked up so a bench warrant was issued for their arrest.

He said on July 11, Nana Appiah arrived at the Kotoka International Airport and was arrested by the Police, and subsequently remanded into Police custody to assist investigations.

Prosecution said, investigations so far disclosed that Menzgold and Brew Marketing were incorporated under the Companies Act, 1963 (Act 179) as limited liability Companies in December, 2013 and December, 2016.

He said the principal activities of Nana Appiah included gold and diamond mining, dealers in gold and other precious minerals, subsequently, in August, 2016, he obtained a license from the state through the Minerals Commission to purchase and export gold from any person holding a small-scale mining license (small-scale miners).

ASP Asare said, however, per the terms and condition of the license, Nana Appiah was required to appoint a gold buying agent to purchase gold on its behalf from small-scale miners.

He said the accused’s appointment of a gold buying agent, led to the formation of Brew Marketing in December, 2016, adding that investigations disclosed that Brew Marketing though incorporated to purchase and sell gold among others, was not licensed by the Minerals Commission to trade in gold.

He said Menzgold through Brew Marketing after incorporation went publicly and invited the citizenry to deposit money with it for a fixed period with interest under the pretext of gold purchasing.