NAM 1’s ‘submission of no case’ fails •Called to open defence
The Financial and Economic Crimes Division of the Accra High Court has called on the Founder of the defunct Menzgold, Nana Appiah Mensah aka NAM 1, to open his defence.
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NAM 1, who is on trial on accusation of defrauding customers of Menzgold of more than GH¢340million, was called to open his defence after his ‘submission of no case’ which aimed to prematurely end his trial, was dismissed by the court.
In a ruling last Friday, the court presided over by Justice Ernest Owusu-Dapaa, a Justice of the Court of Appeal, sitting as a High Court judge, held that the prosecution had led sufficient evidence to establish a prima facie case against NAM 1 and his defunct gold collectable company.
Consequently, the court called on NAM1 to open his defence and answer the charges levelled against him.
“The submission of no case is dismissed. The accused persons are hereby called upon to enter their defence. However, they have the right to testify or not to testify,” Justice Owusu-Dapaa held.
The decision means NAM 1 is to open his defence against 36 charges of selling gold without a licence, operating a deposit-taking business without a licence, inducement of the public to invest, defrauding by false pretence, fraudulent breach of trust and money laundering.
However, the court acquitted the accused person on three additional counts of defrauding by false pretence after the alleged victims in those transactions failed to testify in court.
‘Submission of no case’
NAM 1 has pleaded not guilty to the charges levelled against him and is on bail in the sum of GH¢500 million with four sureties. After the prosecution closed its case, NAM 1 decided to exercise his right by filing a submission of no case under Section 173 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).
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Section 173 of Act 30 allows a trial court to acquit an accused person if the court concludes that the prosecution had failed to make a case sufficient enough for the accused person to open his defence.
Counsel for NAM1, Kwame Boafo Akuffo, had argued that the prosecution failed to make any prima facie case against his client to warrant him to open his defence.
He, therefore, urged the court to acquit and discharge his client.
Ruling
In a detailed ruling of about 110 pages and spanning close to three hours, Justice Owusu-Dapaa, meticulously analysed the law vis-à-vis the evidence presented by the prosecution as well as the submission of both sides and reached a conclusion that indeed NAM 1 had a case to answer.
For instance, on the charges of selling gold without a licence and operating a deposit-taking business without a licence, the court concluded that the evidence adduced by the prosecution appeared to show that Brew Marketing Consult, the gold-selling company of NAM1, had no licence from the Minerals Commission. At the same time, Menzgold also had no licence to operate a deposit-taking business from the Bank of Ghana as stipulated by law.
According to the court, submission by counsel for NAM 1 indicated that the two entities owned by NAM 1 had licences to operate. Therefore it was prudent for NAM1 to open his defence for the court to have a holistic picture before reaching its final decision.
Concerning the other charges, the court held that the prosecution had sufficient evidence and made a prima facie case against the accused person for which the accused person had a case to answer.
For instance, on defrauding by false pretence, the court said “the prosecution had demonstrated that the accused persons potentially made gains by defrauding by false pretences.”
Writer’s email: emma.hawkson@graphic.com.gh