Menzgold case: NAM1 disagrees with order to open defence, considers redress

The founder of the now-defunct Menzgold, Nana Appiah Mensah, has expressed disagreement with the decision of the High Court in Accra, which ordered him to open his defense to charges after dismissing his motion for submission of no case to answer.

Mr. Mensah, affectionately called NAM1, stated he would engage his legal team to "explore all necessary rights to redress under the parameters of the rule of law."

Justice Ernest Owusu Dapaa, a Justice of the Court of Appeal serving as an additional High Court judge, ruled that the prosecution, through its nine witnesses, has been able to establish prima facie evidence against them in 35 out of the 39 counts.

Breaking his silence moments after the court had ordered him to open his defense, NAM1 declared he is not guilty of the offenses.

"We had some acquittals, and a significant portion of the charges have been dismissed, which is fine. We disagree with the judgment of the court, but it is worthy of note that the disagreement does not in any way erode our confidence in the judiciary or the court," he stated.

"I will speak with the legal team of the defense, and we will consider and explore all necessary rights to redress under the parameters of the rule of law. We have always maintained that we are not guilty, and we still stand by that," he added.

"So, once we disagree, the law permits us to pursue all the legal remedies available under our legal system. Therefore, we will go back to the drawing board to defend ourselves and to affirm and get the court to proclaim our innocence to the whole world," NAM1 intimated.

The initial 39 counts included one count each of selling gold contrary to section 99(1) of the Minerals and Mining Act, 2006 (Act 703), operating a deposit-taking business without a license contrary to sections 6(1) and 22(1) of the Banking and Specialized Deposit-Taking Institutions Act, 2016 (Act 930), and inducement to invest contrary to section 344 of the Companies Act, 2019 (Act 992).

The other counts included 22 counts of defrauding by false pretense contrary to section 131(1) of the Criminal Offences Act, 1960 (Act 29), seven counts of fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960 (Act 29), and seven counts of money laundering contrary to section 1(2)(a)(i) of the Anti-Money Laundering Act, 2020 (Act 1044).

However, the counts have been reduced to 36 after the prosecution abandoned three of their counts due to the unavailability of the victims.

Justice Ernest Owusu-Dapaa has adjourned the case to July 23 for a Case Management Conference and for further directives for NAM1 to open his defense.