A legal practitioner has suggested it would take a miracle for Ghana to be able to secure the release of Nana Appiah Mensah from Emirati authorities within the next three months to face prosecution in the country.
Nana Appiah Mensah who was declared wanted in Ghana on January 9, has since December 7, 2018 been in the custody of Dubai authorities assisting in investigations into “suspicious” gold deal gone bad within the Emirati jurisdiction.
On the back of an Interpol alert triggered by the Police CID, the Dubai officials informed Ghana the man, who is wanted to face possible charges of defrauding by false pretences and money laundering, was in their custody.
Government said Monday it has initiated steps to have NAM1 extradited to Ghana to face possible prosecution in the Menzgold crisis that has caused thousands of people to lose their investments in the gold trading firm.
Ghana currently have no extradition treaty with the United Arab Emirates, a situation that has caused government to fall diplomatic relations between the two countries to take custody of NAM1.
Commenting on the matter Tuesday on Accra-based Onua FM, legal practitioner Justice Srem-Sai said the situation Ghana finds itself in at the moment in respect of the case is not a good one.
“I am not sure it is a good news that he has been arrested on a different charge in Dubai,” Mr. Srem-Sai said, adding “in Dubai law…a person facing criminal trial cannot be extradited unless trial is completed”.
According to him, even if NAM1 managed to secure bail, one of the likely conditions to come up such bail will be for him not to leave the Emirati.
In the event UAE decides to try him in Dubai in the case for which they arrested him, he said Ghana will not be able to get him to come and face prosecution unless the trial is complete and finish serving his sentence if he is convicted.
“The trial sentence can take ten years, after which Ghana must then apply for him to repatriate him to Ghana and that application can take about three months to complete,” he stated.
Mr. Srem-Sai explained further “the Justice Minister [Dubai] will decide the diplomatic relation with Ghana” before the repatriation would be granted.
That, he said, may not even be the end of the road as Ghana would have to fight another battle in the event that NAM1 has dual citizenship.
“Perhaps he [NAM1] may have a dual citizenship. If he is also a UAE or a citizen of other country… he can’t be extradited to Ghana because that country could also say they want NAM1” he indicated.
He asked: “What if that country may have different relation with UAE and they want him in that country? If we see him here within the next two or three months, it will be a miracle”.
By Kweku Antwi-Otoo|3news.com|Ghana