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Home General

NAM1 loses appeal to stay in criminal proceedings

Sheila Satori Mensa by Sheila Satori Mensa
May 19, 2025
in General, Lead story, Local News, News, Top Stories
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NAM1 loses appeal to stay in criminal proceedings
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The Court of Appeal has dismissed an application by Nana Appiah Mensah, the embattled Chief Executive Officer of defunct Menzgold Ghana Limited, seeking to halt his ongoing criminal trial at the High Court.

The decision, delivered on Monday, May 19, 2025, marks another legal setback for the businessman—popularly known as NAM1—who is facing multiple charges in connection with the collapse of Menzgold, a gold dealership company.

NAM1 and his two companies, Brew Marketing Consult and Menzgold Ghana Limited, are standing trial on 39 counts including operating a deposit-taking business without a license, unlawful gold trading, inducing investment under false pretences, defrauding by false pretences, money laundering, and fraudulent breach of trust. The alleged offences involve over GH₵340 million.

The Financial Division of the High Court had earlier ruled that a prima facie case had been established against him and ordered him to open his defence. Dissatisfied with this July 11, 2024 ruling, NAM1 filed a notice of appeal and subsequently sought a stay of proceedings pending the outcome of the appeal.

His initial request for a stay at the High Court was rejected by the trial judge, Justice Ernest Owusu-Dapaah. He then repeated the application at the Court of Appeal, asking it to suspend the High Court proceedings while the appeal was being considered.

However, the Court of Appeal, in a unanimous decision by a three-member panel presided over by Justice Gbiel Suurbaareh, with Justices Afia Serwaa Asare-Botwe and Christopher Archer concurring, found that the application lacked merit. The panel ruled that NAM1 had failed to demonstrate any exceptional grounds that would justify a suspension of the trial.

The court’s ruling clears the path for the High Court proceedings to continue, with the next hearing scheduled for May 28, 2025.

NAM1’s legal team, led by lawyer Kwame Boafo Akuffo, argued for the stay but was opposed by the prosecution, led by Watkins Adamah, who contended that the application was an attempt to delay justice.

Speaking to journalists after the ruling, Nana Appiah Mensah hinted at the possibility of further legal action.

“This is not the end. We still have the Supreme Court, and we’ll consider all the constitutional options available. I’ll consult with my lawyers on the next steps,” he said.

The High Court had earlier ruled that the prosecution, through nine witnesses, had presented sufficient evidence on 35 of the 39 charges, warranting a full defence from the accused. NAM1’s challenge to that ruling is still pending at the Court of Appeal.

Background

NAM1 pleaded not guilty to 39 counts of fresh charges and was granted bail in the sum of GH¢500,000 with four sureties without justification.

The bail terms included an order for him to deposit his passport at the Registry of the Court and report to the CID headquarters every Thursday.

NAM1, representing Menzgold Ghana Limited and Brew Marketing Consult, also pleaded not guilty to the charges.

The 39 counts included selling gold contrary to section 99(1) of the Minerals and Mining Act, operating a deposit-taking business without a license contrary to sections 6(1) and 22(1) of the Banking and Specialized Deposit-Taking Institutions Act, and inducement to invest contrary to section 344 of the Companies Act, 2019.

Other charges included 22 counts of defrauding by false pretense contrary to section 131(1) of the Criminal Offences Act, 1960, seven counts of fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960, and seven counts of money laundering contrary to section 1(2)(a)(i) of the Anti-Money Laundering Act, 2020.

Brief fact 

Menzgold Ghana Limited and Brew Marketing Consult Limited are sister companies owned by NAM1. Menzgold was initially registered as Menzbank Ghana Company Limited in 2013, while Brew Marketing Consult Limited was registered in December 2016. NAM1 is the director and CEO of both companies and the majority shareholder.

NAM1 operated Menzgold as a deposit-taking business under the guise of gold trading without the requisite license. On March 11, 2015, the Bank of Ghana (BoG) issued a public notice stating that Menzbank was an unlicensed deposit-taking institution.

In response, NAM1 changed the company’s name from Menzbank to Menzbanc and later to Menzgold Ghana Company Limited in 2017.

The business model involved Brew Marketing Consult selling gold to the public for investment purposes in Menzgold, despite not having a license to sell gold. In 2016, the Minerals Commission granted Menzgold a three-year license to purchase and export gold, restricted to purchasing gold from small-scale miners for export only.

However, Menzgold and Brew Marketing Consult breached this license by selling gold to persons in Ghana.

Between 2017 and 2018, NAM1 and Menzgold invited the public to purchase gold from Brew Marketing Consult and deposit it with Menzgold in return for profits.

Over 16,000 people responded, depositing significant sums of money with the expectation of returns.

Despite warnings from relevant agencies, Menzgold and Brew Marketing Consult continued their operations. In September 2018, the Securities and Exchange Commission (SEC) directed Menzgold to suspend its business for operating without a license.

Between November 2016 and March 2019, many customers of Menzgold and Brew Marketing Consult petitioned the police, complaining that they were unable to recover their investments. Investigations revealed that the accused took a total of GH¢1,680,920,000 from customers under false pretenses.

The investigations further disclosed that significant sums of depositor’s funds were transferred to Zylofon Media, a related company, and into NAM1’s personal bank account for personal use.

The funds remained unpaid as Menzgold’s license was revoked. During investigations, several vehicles and gold bars were recovered from the accused, which have been auctioned, and the proceeds kept in an exhibit account.

Tags: Brew Marketing Consult LimitedJustice Afia Serwaa Asare-BotweJustice Christopher ArcherJustice Gbiel SuurbaarehLawyer Kwame Boafo AkuffoMenzGoldMenzgold Ghana LimitedNAM1Nana Appiah Mensah (NAM1)




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