THE REPUBLIC v. NANA APPIAH MENSAH & MENZGOLD GHANA COMPANY LTD & BREW MARKETING CONSULT GHANA
July 11, 2024
Areas of Law
- Criminal Law and Procedure
- Banking and Finance Law
- Commercial Law
- Corporate Law
- Evidence Law
July 11, 2024
AI Generated Summary
This ruling addresses a submission of no case following the close of the Republic’s case against Nana Appiah Mensah (NAM1), Menzgold Ghana Co. Ltd (A2), and Brew Marketing Consult Ltd (A3). The prosecution alleges a wide‑ranging scheme combining unlicensed sale of gold, unauthorized deposit‑taking under Act 930, inducement to invest under Act 992, fraud, breach of trust, and money laundering. After initial charges in August 2023, a substituted charge sheet was filed in November 2023; nine witnesses and over 160 documents were tendered before the Republic closed its case in March 2024. Applying Ghana’s established four‑pronged test for a no‑case submission and the lower prima facie standard, the court found sufficient evidence to call the accused to answer on key counts. It highlighted receipts evidencing gold sales by A3/A1, Minerals Commission confirmation that A3 was unknown and unlicensed, and Bank of Ghana correspondence showing disguised deposit mobilisation under A2’s trading model.
[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