Beleaguered Chief Executive of the defunct Menzgold Ghana Limited, Nana Appiah Mensah aka NAM1, has responded to circumstances leading to an Adentan Circuit Court issuing a warrant for his arrest as well as two other for alleged claims of defrauding by false pretences.
The court presided over by Her Honour Sedinam Awo Balokah issued the warrant on Thursday after NAM1 and his alleged accomplices namely Gabriel Kwamigah and Eric Amponsah Bediako, failed to appear before the court for the trial for defrauding a complainant of an amount of $210,000.
But NAM1 in a statement has frowned on the manner in which the warrant for his arrest was issued by the court, saying it was “fraught with serious legal issues as it did not conform with Sections 60 and 61 of the Criminal Procedure Code of 1960 (Act 30) which is clear on the process of arrest, charge, accusations etc.”
He also indicated in the statement that the case before the court relates to the purchase of three vehicles from one Elikem Akakpo, one of which had been paid for.
He, however, noted that he did not personally purchase, acquire nor transact any business with the said Elikem Akakpo who is the complainant in the matter before the court.
“I only came in as a third party to help resolve some issues concerning the two other vehicles which became a subject of controversy, upon request of the two parties (plaintiff and defendant),” the statement added.
NAM1 then indicated that he has instructed his lawyer to appeal the ruling of the Adentan Circuit Court which issued a warrant for his arrest.
Arrest Warrant
The Adentan Circuit Court on Thursday issued a warrant for the arrest of NAM1 and two others for failing to appear before it to answer charges of conspiracy and defrauding by false pretences.
The investigator, Chief Inspector Lanyo, had indicated that the accused persons had declined several invitations extended to them by the police.
He told the court that the police contacted one of the managers of NAM1’s company and criminal summons was served through him.
Yaw Dankwa, counsel for NAM1, however, debunked what the investigator told the court and countered that the accused persons were on their way to the court.
He then raised an objection to the processes filed by the prosecution arguing that there are two separate processes – a charge sheet and a summons for the accused to appear before the court.
Mr. Dankwa told the court that the use of the two processes amounted to a ‘nullity’ and that should not be endorsed by the court.
“The process is wrong and can’t be indulged by the court. If the process is a nullity they should tell us the date and time and we shall come to court,” he told the court.
The presiding judge however, stated that the fact that the lawyer was in court meant the accused persons deliberately refused to appear for the trial.
She had said NAM1 and the others will keep sending the lawyer to court while they themselves would be somewhere else and not appear before the court, and she will not allow that to happen.
She, therefore, issued a bench warrant for the arrest of NAM1 and the other two accused persons, and adjourned the matter indefinitely.
BY Gibril Abdul Razak