The High Court in Accra, presided over by Justice Ernest Owusu-Dapaa, has issued a stern warning to the Chief Executive Officer of defunct Menzgold Ghana Limited, Nana Appiah Mensah, also known as NAM1, giving him one final chance to open his defence to criminal charges filed against him.
The Court on Thursday directed NAM1 to file all relevant witness statements by July 24, 2025, or proceed to call his witnesses to testify in person (viva voce) on that same date.
Justice Owusu-Dapaa stressed that this directive does not prejudice pending applications before the Supreme Court, and reaffirmed the trial court’s jurisdiction to proceed with the matter despite the unresolved motions for stay.
During the brief sitting, the Court expressed concern over the delay tactics employed since its initial directive on July 11, 2024, ordering the accused persons to file their defence.
“It’s been over a year and no defence has been filed,” Justice Owusu-Dapaa noted.
Adding to the tension in court was NAM1’s late arrival, prompting the trial judge to consider issuing a bench warrant. NAM1 appeared shortly after the case was called, narrowly avoiding arrest. “You are warned to respect court time,” the judge cautioned. “Had I issued a bench warrant, your bail would have been revoked until the conclusion of this case.”
The judge formally reprimanded the accused, emphasizing that any future lateness could lead to immediate revocation of bail.
Defence Counsel Unavailable
State prosecutors, led by Senior State Attorney Watkins Adamah, informed the Court of a letter received from NAM1’s lawyer, Kwame Boafo Akuffo, who reported being medically indisposed and unable to attend the hearing. The letter indicated that counsel was seeking treatment for a knee injury.
Justice Owusu-Dapaa acknowledged the submission and the authenticity of the letter, but clarified that the absence of legal counsel would not further delay the trial.
“The accused person is directed to file witness statements or be ready to testify orally at the next sitting,” he ruled.
Prosecution Updates on Supreme Court Applications
The prosecution also updated the court on pending motions before the Supreme Court. The Senior State Attorney disclosed that NAM1 and his co-accused had applied for leave to appeal a Court of Appeal ruling on a motion for stay of proceedings.
These applications, currently pending before the Supreme Court, are expected to be heard on July 29, 2025. However, the trial judge said those developments did not inhibit the High Court from moving forward with the trial.
NAM1 Pleads for More Time
In the absence of his lawyer, NAM1 personally addressed the court, indicating his willingness to open his defence. However, he expressed uncertainty about whether he had his counsel’s permission to speak directly to the bench.
Nonetheless, he told the court, “I am ready to speak to the issues. I have said I am not guilty, and I need to explain the business models.”
The embattled businessman appealed for “reasonable and adequate time” to prepare, citing his lawyer’s medical emergency as a major constraint. The Court, however, reiterated that no further delay would be entertained.
“You are going to be given the last opportunity. If you don’t file [the witness statements], the Court will proceed,” Justice Owusu-Dapaa stated.
Earlier Orders and Witness Plans
The High Court had originally ordered NAM1 to open his defence on October 16, 2024, with witness statements due by September 16, 2024. His lawyers had indicated the possibility of calling more than three witnesses, although the exact number was not confirmed.
At a previous hearing on July 23, 2024, Audrey Twum, who held brief for Kwame Boafo Akuffo, told the Court that preparations were ongoing for the defence.
Assistant State Attorney Isaac Wilberforce Mensah had urged the defence to file their documents on time to allow the prosecution to prepare for cross-examination.
NAM1, Menzgold Ghana Limited, and Brew Marketing Consult are facing multiple charges over allegations related to a failed investment scheme that left thousands of customers in financial distress.
The case has been adjourned to July 24, 2025, for continuation.
Background of the Case
On July 11, 2024, the High Court dismissed NAM1’s submission of no case to answer and ruled that a prima facie case had been established by the prosecution against him and his companies—Menzgold Ghana Limited and Brew Marketing Consult.
According to Justice Owusu-Dapaa, the prosecution’s nine witnesses had presented sufficient evidence to warrant a response from the accused on 35 out of 39 charges, including: Operating an unlicensed deposit-taking business, Selling gold without a license, Defrauding by false pretenses (19 counts), Fraudulent breach of trust (7 counts) and Money laundering (7 counts)
The judge specifically pointed to the accused’s use of celebrities such as Stonebwoy, Becca, Jackie Appiah, and Jocelyn Dumas in promotional campaigns, noting that it appeared to induce the public into investing in Menzgold and Brew Marketing Consult.
Prosecution also argued that neither Menzgold nor Brew Marketing Consult was licensed by the Bank of Ghana or Minerals Commission to operate the services they provided.
Three of the 39 charges were dropped due to unavailable witnesses, while the remaining were dismissed by the court.
NAM1 and his legal team had earlier indicated they would call at least three witnesses to support his defence.
The court expects compliance with the final deadline or risks invoking additional sanctions.