The prosecution in the trial in which the CEO of defunct Menzgold Ghana Limited, Nana Appiah Mensah, aka NAM1, has been accused of defrauding his customers in the sum of GH¢ 340,835,650, has prayed the High Court to order the accused person to open his defence.

Giving her closing arguments on why NAM 1 should be ordered to open his defence, the Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, explained that the prosecution, through its nine witnesses, had established a case against the accused persons in respect of the charges.

“We have led evidence through our witnesses to show that Nana Appiah Mensah and Brew Marketing Consult Ghana Limited led customers to purchase gold from them when they did not have a licence to do so.

“It is our case that Nana Appiah Mensah and Brew Marketing Consult Ghana Limited sold gold contrary to the legislation on minerals and mining.

“It is also our case that they operated a deposit-taking business and our particulars were clear,” the DPP argued.

She added that the prosecution had also led evidence to show that the two accused induced people to invest in their business contrary to the legislation on the operation of companies

“It was only after the victims’ returns were due that they realised that the company has not been registered,” she told the court presided over by Justice Ernest Owusu-Dapaa, a Justice of the Court of Appeal sitting as an additional High Court Judge, stating: “Show us your business model and let’s cross-examine you”.

Opposed

On why the court should order a submission of no case in favour of his client, counsel for the accused, Kwame Boafo Akuffo, said the prosecution had not presented the court with any evidence that the accused did not have a licence to sell gold.

“Nobody appeared before the court to complain that they were induced by the accused to invest. That is why the court should not entrainment faceless complainants,” Counsel submitted.

Meanwhile, the court has set July 10 this year on the submission of no case.

Submission of no case

A submission of ‘no case’ is a right granted to accused persons under Section 173 of the Criminal and Other Offences Act (Procedure) Act, 1960 (Act 30).

It allows accused persons to convince a court that the prosecution had failed to make a prima facie case to warrant the opening of their defence.

In the event a trial court finds merit in a submission of ‘no case’, the accused persons are discharged. But if not, they are directed to open their defence.

A submission of ‘no case’ can be filed by an accused person after the prosecution brings its case to a close.

Background

NAM1 and two of his companies – Menzgold Ghana Limited and Brew Marketing Consult Ghana Limited – have been charged with 39 counts of selling gold without a licence, operating a deposit-taking business without a licence, inducement to invest, defrauding by false pretence, fraudulent breach of trust and money laundering.

The allegations levelled against them relate to defrauding their customers of various sums of money between 2016 and 2018, totalling GH¢340,835,650.

NAM1 has pleaded not guilty to all the charges and is on bail of GH¢500 million with four sureties