The excessive bail condition slapped on the Chief Executive Officer (CEO) of Menzgold, Nana Appiah Mensah, has made it absolutely impossible to get him out of police custody, despite being granted bail by an Accra Circuit court last week.
This is because he has not been able to meet the GH¢1 billion bail and related conditions given by the court.
Some people see these as abuse of his human rights, saying he would require at least three commercial banks which recently capitalized at GHC400 million each to post a bail of that magnitude for him.
The man is said to be sick and also having painful knee recurring, and requires an immediate surgery.
Family source told The Herald that he was to undergo a surgery to remove a metal in his knees long before his arrest by the Dubai authority on reports file by Horizon Royal Diamonds, but the period had passed and the pain in his knee is getting unbearable.
The Accra Circuit court last week, as part of the bail conditions, said he was to present five sureties, three of whom must be justified, but Nana Appiah Mensah, popularly known as NAM1, was unable to deliver on those requirements.
His lawyers led by Kwame Boafo Akuffo, during the court proceedings, pleaded that the bail conditions be stepped down, since all of NAM1’s properties, had been confiscated by the state, but the court declined the plea.
Management of Menzgold, confirmed NAM1’s continued stay in Police custody to Citi News and said plans are far advanced to file for a review of the bail conditions.
Meanwhile, some aggrieved customers of Menzgold, who have been pressing for assistance to help them retrieve their locked up investment are calling on the court to review the bail conditions.
A spokesperson for the group, Frederick Forson, told Citi News in an interview that; “It appears the conditions attached to the bail is just too high and that is why as at now, NAM1 is still not out. He’s not been able to fulfil the conditions attached to the bail granted by the court. We believe that if the court or the police can do something about this, they should. That is what we are calling for.
NAM1, has been slapped with 13 counts of defrauding by false pretences, money laundering, abetment and carrying on deposit-taking business without licence contrary to Section 6 (1) of the Banks and Specialised Deposit-taking Institutions Act, 2016 (Act 930).
Nana Appiah Mensah, arrived in Ghana on July 11, 2019, where he was picked up by security operatives at the Kotoka International Airport (KIA) and sent to the Criminal Investigations Department (CID) of the Ghana Police Service for interrogation after spending several months in Dubai in another legal battle.
Nana Appiah Mensah has been accused of defrauding his customers of about GHc1.68 billion.
According to the charge sheet, the money was from 16,000 people, who invested a total of GHc1,680,920,000 in the company.
The charge sheet indicated that Mr Mensah’s two companies — Brew Marketing Consult and Menzgold Ghana Limited; represented by him, have also been charged with defrauding by false pretence, contrary to sections 20 (1) and 13 (1) of the Criminal Offences Act, 1960 (Act 29).
Mr Mensah’s sister and his wife, Benedicta Appiah and Rose Tetteh, have also been charged with two counts of abetment to defraud by false pretence and two counts of abetment to carry out banking business without a licence, contrary to Section 6 (1) of Act 930.
The charge sheet explained that the accused persons purportedly aided Brew Marketing Consult and Menzgold to defraud the customers.
Lawyer for NAM1, had earlier challenged the State to provide the list of the alleged 16,000 complainants, who claimed that they have been defrauded by his client.
NAM1, through his lawyer Kwame Akuffo during the court hearing last Friday, indicated that he would demand the state to list all the 16,000 persons, who are said to be complainants in the case brought by the state.
According to the lawyer, it is a requirement for an accused person to know his accusers to be able to defend himself.