The lawyer for almost a thousand aggrieved customers of Menzgold Ghana Limited, Ms Amanda Akuokor Clinton, has officially requested Ghana’s Deputy Attorney General and Minister of Justice, Mr Joseph Dindiok Kpemka, to produce the Dubai court judgement which acquitted and discharged Mr Nana Appiah Mensah (NAM1), the CEO of the embattled Ghana-based gold dealership firm, which has failed to pay its numerous customers their investments since August 2018…
The lawyer for almost a thousand aggrieved customers of Menzgold Ghana
Limited, Ms Amanda Akuokor Clinton, has officially requested Ghana’s
Deputy Attorney General and Minister of Justice, Mr Joseph Dindiok
Kpemka, to produce the Dubai court judgement which acquitted and
discharged Mr Nana Appiah Mensah (NAM1), the CEO of the embattled
Ghana-based gold dealership firm, which has failed to pay its numerous
customers their investments since August 2018.
The Ghanaian CEO had gone to Dubai late last
year hoping to retrieve some $28 million (now $39 million in current
gold value terms) owed Menzgold by a Dubai-based company for gold
supply.
He was, however, arrested by the authorities
in Dubai in December 2018 following a report lodged against him by the
company that he had scammed them of some $51 million dollars.
Reports were rife that the court dismissed
the case in favour of NAM1, an event that was confirmed by Mr Kpemka in
some media interviews.
However, Ms Clinton, who is seeking to
retrieve the locked-up investments of her clients, has, in a letter
dated 15 April 2019, requested official confirmation from the Attorney
General’s office beyond the WhatsApp and phone calls received by the
Deputy AG in that regard, based upon which he subsequently confirmed to
the local media that NAM1 had, indeed, been acquitted and discharged by
the Dubai court.
“In terms of the WhatsApp message you
received about the judgement in favour of Mr Mensah as well as the phone
call you made in relation to the judgement, were these messages
followed by an official letter from Ghana’s Consul-General’s department
in Dubai?” Ms Clinton queried in her letter.
“Can the judgement in Dubai be released to
our office or the public? Even if a copy of the judgement cannot be
released to our office or the public, have you or your office had sight
of the Dubai judgement or received a copy via email or mail?” she
further asked.
Ms Clinton is also seeking confirmation
from the Deputy Attorney General about whether his statement in relation
to the judgement in Dubai was an official and accepted statement by the
Ghana government given that on 11 April 2019, the Ghana Consul-General
to Dubai issued an apology retracting every bit of her comment and
apologising to government since her statement breached a government
directive banning government appointees from speaking on the Menzgold
matter.
“If government appointees have been banned
from speaking about Menzgold, was the Deputy AG’s comments about NAM1’s
judgement therefore unauthorised and hearsay?” She queried.
Additionally, Ms Clinton asked: “Following
the 30-day lapse after the judgement, how and when will Mr Mensah be
brought back to Ghana by the government and/or Interpol?”
Below is a copy of the letter:
Clinton Consultancy
Legal Practitioners
A: 37 Abeka Road
Accra, Ghana
E:info@clintonconsultancy.com
W: www.clintonconsultancy.com
15th April 2019
Attention: Deputy Minister of Justice Joseph Kpemka
Attorney General’s Department
P.O Box M60
Ministries
Accra, Ghana
Deputy Minister of Justice Joseph Kpemka,
RE; THE ALLEGED ACQUITTAL OF A GHANAIAN
NATIONAL BY THE NAME OF MR. NANA APPIAH MENSAH (C.E.O OF MENZGOLD) IN
DUBAI, United Arab Emirates-April 2019
My name is Ms. Amanda Akuokor Clinton and
I’m a lawyer based in Accra. I represent a number of Menzgold customers
regarding their locked up funds with Menzgold Ghana Limited and their
sister company Brew Marketing Company.
On Tuesday 9th April 2019 you confirmed to
the media in Accra that a Ghanaian national by the name of Mr. Nana
Appiah Mensah, who is the Chief Executive Officer of both Menzgold Ghana
Limited and Brew Marketing Company, has been acquitted of all
fraud-related charges allegedly levied against him in Dubai. You are
quoted as saying that: “…I can confirm on authority that he has won the
case in Dubai pending any appeal by the complainant in that matter and
if there’s no appeal in that case after 30 elapses and his freedom is
without questioning” then he can be brought back to Ghana.
I also understand that you received
confirmation of this fact via WhatsApp messaging on your phone. Before
sharing this information with journalists, you allegedly called the
Consulate General’s Office in Dubai to confirm this fact. An official
from the Consulate General’s Office in Dubai then allegedly briefed you
on Mr. Mensah’s court case in Dubai and his subsequent acquittal.
Given that this is a public interest matter
and the Dubai acquittal has possible ramifications in terms of my
clients’ case against Mr. Mensah, would it be possible for you to
furnish us with:-
1. Confirmation of whether your statement
in relation to the judgement in Dubai was an official (and accepted)
statement by the government given that: on the 11th April 2019, Ghana
Consul-General to Dubai, Ms. Samata Gifty Bukari, rendered an apology to
the government for her comment on the C.E.O of Menzgold, Nana Appiah
Mensah. Her comment being: “As soon as he was granted bail Interpol got
him arrested. He’s hopeful of being done with the case in Dubai soon,
then after he will attend to the several thousands of Menzgold customers
because he himself is not a free man. He’s helpless now as he is on
remand.”
Ms. Bukari further went on to state that her
comments breached a government directive banning all government
appointees from speaking on the Menzgold issue. The Consul-General said:
“I apologise profusely to government and particularly Minister of
Information, Kojo Oppong Nkrumah and the people of Ghana for unknowingly
flouting the directive. I retract every bit of my comment.”
2. In terms of the WhatsApp message you
received about the judgement in favour of Mr. Mensah as well as the
phone call you made in relation to the judgement, were these messages
followed by an official letter from Ghana’s Consul-General’s department
in Dubai?
a. If so, what was the rank of the person who sent an official letter to your Office?
b. Did this individual have the authority to speak on the matter?
c. Was the letter on an official letter-headed document?
3. Can the judgement in Dubai be released to our Office or the public?
a. Even if a copy of the judgement cannot
be released to our office or the public, have you or your office had
sight of the Dubai judgement or received a copy via email or mail?
4. Were any Consul-General of Ghana
representatives (or other Ghanaian officials) in court during the court
trial or the judgement in favour of Mr. Mensah?
5. Following the 30-day lapse after the
judgement, how and when will Mr. Mensah be brought back to Ghana by
government and/or Interpol?
Our office would like further clarity on
the questions posed in order to share with our clients and further
advance our strategy in relation to this case.
Given that the questions posed were not asked
and responded to during the public briefing on the matter, we kindly
ask that you or your Office furnish us with a response for further
clarity regarding the matter.
Thanking you in advance for your kind consideration.
Yours Faithfully,
Amanda Akuokor Clinton
Barrister & Solicitor of the Supreme Court of Ghana
Clinton Consultancy
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