THE REPUBLIC v. NANA APPIAH MENSAH & MENZGOLD GHANA COMPANY LTD & BREW MARKETING CONSULT GHANA
2024
Areas of Law
- Criminal Law and Procedure
- Commercial Law
- Banking and Finance Law
2024
AI Generated Summary
The case centers around multiple serious allegations of fraudulent activities by Nana Appiah Mensah and two companies, Menzgold Ghana Limited and Brew Marketing Consult Limited. They face charges including selling gold without a license, operating a deposit-taking business without a license, inducement to invest, defrauding by false pretenses, fraudulent breach of trust, and money laundering. The charges are supported by numerous witness testimonies and documentary evidence. The ruling discusses the intricacies of the alleged crimes, the applicable legal standards for a submission of no case, and the court's role in determining whether the defendants should be called to present their defense.
[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 thematic areas namely:
1. Offences under the Minerals and Mining Act, 2006 (Act 703): Count One:
Offence: Selling gold without a licence.
Section: 99(1) of the Minerals and Mining Act, 2006 (Act 703). Defendants: Nana Appiah Mensah and Brew Marketing Consult Ltd. Timeframe: 2017 to 2019.
Location: Accra, Greater-Accra Region.
2. Offences under the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930):
Count Two:
3. Offence: Operating a deposit-taking business without a licence.
Sections: 6(1) and 22(1) of the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930).
Defendants: Nana Appiah Mensah and Menzgold Ghana Company Ltd. Timeframe: 2016 to 2018.
Location: Accra, Greater-Accra Region.
3. Offences under the Companies Act, 2019 (Act 992):
Count Three:
4. Offence: Inducement to invest.
Section: 344 of the Companies Act, 2019 (Act 992).
Defendants: Nana Appiah Mensah and Menzgold Ghana Company Ltd. Timeframe: 2016 to 2018.
Location: Accra, Greater-Accra Region.
5. Offences under the Criminal Offences Act, 1960 (Act 29): Defrauding by false pretence:
Counts Four to Twenty-Five:
Offence: Defrauding by false pretence.
Section: 131(1) of the Criminal Offences Act, 1960 (Act 29). Defendants: Nana Appiah Mensah, Menzgold Ghana Company Ltd., and Brew Marketing Consult Ghana Ltd.
Timeframe: 2016 to 2018.
Location: Accra, Greater-Accra Region.
Victims: Multiple victims with different amounts of money involved including Stephen Attipoe, Edward Otu Larbi, Fred Odame Asie