We are waiting for instructions from AG on NAM1 - Prosecution

Prosecution in the case involving Nana Appiah Mensah, (NAM1) the Chief Executive Officer of Menzgold Ghana Limited on Tuesday informed the court that his outfit was awaiting further instructions from the Attorney General’s (AG’s) Department.

The Prosecution led by Assistant Superintendent of Police, Sylvester Asare at the last adjourned date told the court that the case docket had been sent to the AG’s Department for advice.

When the case was called he indicated that they were yet to receive further instructions from the AG’s Department to enable them to continue with the case.

He prayed the court that under the current circumstance it should adjourned the matter to February 20, by which time they hope to receive further directives from the AG.

The court then adjourned the matter to February 20, urging the prosecution to ensure that proceedings are expedited to enable the court to know the way forward.

Meanwhile, Nana Appiah, who pleaded not guilty to all 13 charges leveled against him by the state is still on his former bail of GH¢1 billion with five sureties and is to report to the police every Wednesday at 1000 hours.

He was charged with abetment of crime, defrauding by false pretenses, carrying on a deposit-taking business without 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 to the public 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, totaling GH¢1.6 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 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 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 pretext of gold purchasing.