[2024]DLHC17672July 11, 2024High Court

THE REPUBLIC vs. NANA APPIAH MENSAH (alias NAM1), MENZGOLD GHANA COMPANY LTD AND BREW MARKETING CONSULT GHANA LTD

The accused persons, Nana Appiah Mensah (NAM1), Menzgold Ghana Company Ltd (A2), and Brew Marketing Consult Ghana Ltd (A3), operated a gold trading and deposit-taking business without requisite licenses. They induced over 16,000 members of the public to invest large sums of money by purchasing gold or gold collectibles from A3 and depositing them with A2, promising returns between 7% and 12% monthly. Despite warnings and directives from the Bank of Ghana and Securities and Exchange Commission to cease operations, the accused continued business activities. Investigations revealed unauthorized sale of gold, deposit-taking without license, fraudulent inducement to invest, defrauding by false pretences, fraudulent breach of trust, and money laundering involving substantial sums transferred to related entities and personal accounts of Nana Appiah Mensah.

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RULING ON SUBMISSION OF NO CASE [1]. This is a Ruling on Submission of No Case made by Counsel for and on behalf of Accused Persons and ably responded to by the Director of Public Prosecutions. There is relevant instruction from the Good old Book, the Holy Bible on almost aspect of human affairs including fair trial. According to Proverbs 18 v 17 “The one who first states a case seems right, until the other comes and cross-examines” (NRSV). A person needs to hear both sides of a case before rendering a decision. Many claims and accusations seem plausible until scrutinized. What seems obvious, at first, may fall apart when looked at with a more critical eye. The alleged criminality against the Accused persons in this case have extraordinary complexity and breadth. The offences span multiple legal frameworks and involve numerous instances of alleged fraudulent activity and regulatory violations. The charges for which Accused persons stood trial may be classified into five themati...