Nana Appiah Mensah aka NAM1
A High Court in Accra has given the embattled Chief Executive Officer (CEO) of defunct Menzgold Ghana Limited, Nana Appiah Mensah aka NAM1, one week to file his witness statements as well as for those he intends to call as witnesses.
A Justice of the Court of Appeal sitting as an additional High Court Judge, Justice Ernest Owusu-Dapaa, also intimated that the mere filing of an appeal against the court’s decision in dismissing the accused persons’ submission of no case does not operate as an automatic stay of proceedings, hence the accused was expected to have filed witness statements as ordered by the court.
NAM1, Menzgold Ghana Limited and Brew Marketing Consult Ghana Limited are facing 39 counts of defrauding by false pretence, inducing members of the public to invest, money laundering, among others for a total of GH¢340,835,650.
The court on July 11, 2024, ordered NAM1 to open his defence after holding that the prosecution, led by the Director of Public Prosecution, Yvonne Atakora Obuobisa, had led sufficient evidence to establish a prima facie case against NAM1 and two of his companies to warrant a defence.
The court gave him up to October 16, 2024 to file witness statements for himself and his witness but this was not done.
His lawyer, Kwame Akuffo on July 31, 2024 filed a notice of appeal seeking to overturn the trial judge’s order on the accused to open a defence.
On August 30, 2024, he filed an application seeking leave to amend the notice of appeal but it could not be heard during the legal vacation because the sitting judge at the time recused himself.
The application was heard and granted yesterday, and his lawyer was given three days within which to do the amendment.
The judge was on the verge of asking NAM1 to enter the box and open his defence when Mr. Akuffo interjected and pleaded with the court for an adjournment.
He said the accused person has not filed his witness statement and the court did not state what will happen if the accused did not file his witness statement.
He said the accused person was being punished for the delay in the judicial administration system because the court was trying a criminal matter, “We should be seen to be giving to accused persons the full length of the opportunity to defend themselves,” Mr. Akuffo added.
Prosecution
A State Attorney at the Office of the Attorney General, Watkins Adama, in his response averred that the notice of appeal filed by the accused persons during the legal vacation have no bearing on the orders of the court as pronounced on several occasions for them to open their defence.
He said the best practice and what he would have expected counsel for accused to do would have been to pray the court for leave to grant him further time to file his witness statements in compliance with court orders.
“In the absence of any orders staying the hands of this court, we pray very humbly for the substantive case to continue,” Mr. Adama added.
Justice Owusu-Dapaa said the court will extend its magnanimity by granting the accused one week within which to file the witness statements.
BY Gibril Abdul Razak
