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Supreme Court Orders NAM1 to Open Defence, Dismisses Appeal

The Supreme Court has dismissed an application by Nana Appiah Mensah, popularly known as NAM 1, which sought to overturn decisions of both the Court of Appeal and the High Court in his ongoing criminal trial.

The move follows an earlier ruling by the Court of Appeal, which rejected NAM1’s application to halt proceedings at the High Court. His legal team had asked the appellate court to stay the trial while an appeal challenging a High Court order—directing him to open his defence—was pending.

In 2024, the High Court instructed the CEO of the defunct Menzgold Ghana Limited to open his defence in a case in which he faces multiple charges, including selling gold without a licence, fraudulent breach of trust, defrauding by false pretences, and money laundering.

After the High Court ruling, his lawyers filed an appeal seeking to overturn the directive and simultaneously applied to stay the proceedings.

On Monday, May 19, 2025, state prosecutors urged the Court of Appeal to reject the stay application, arguing that it attempted to “overreach the powers of the court” and failed to demonstrate any exceptional grounds to justify halting the trial.

A three-member panel — Justice Gbiel Suurbaareh presiding, with Justices Afia Serwaa Asare-Botwe and Christopher Archer — unanimously dismissed the request.

NAM1 subsequently moved to the Supreme Court to challenge the appellate court’s decision. But on Wednesday, December 10, the Apex Court dismissed his application and affirmed that he must open his defence as ordered.

Meanwhile, Frederick Forson, spokesperson for the aggrieved Menzgold customers, welcomed the Supreme Court’s decision, describing it as a step toward justice.

“Our understanding is that the High Court trial can now proceed. Today, we were also told that they will file their reasons on the 17th of this month. So, as directed earlier, we will return to the High Court on the 16th, which is next week. We are very happy, and we appreciate what the court has done, just that it has kept long,” he stated.

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