High Court dismisses Ato Essien's motion against imposition of custodial sentence
Mr. Essien in his application also sought leave to renegotiate with the prosecution after he failed to meet the terms of payment for his restitution deal.
The Accra High Court has dismissed an application by the founder of defunct Capital Bank, William Ato Essien, where he was challenging the Attorney General's motion for the imposition of custodial sentence on him.
Mr. Essien in his application also sought leave to renegotiate with the prosecution after he failed to meet the terms of payment for his restitution deal.
In court this afternoon, his lawyers had urged the court to take into account section 10(4) of the Interpretation Act.
In earlier affidavits filed in support of their application, Mr. Essien had indicated that his inability to meet the terms of the agreement was not deliberate, but caused primarily by economic difficulty.
They argued further that the court has the power to make any orders to stay proceedings for the imposition of a custodial sentence as it concerns the implementation of a judgment of the court.
“We also want to draw the court’s attention to the fact that the instant proceedings are proceedings to execute the judgment of the court which is intended to execute the judgment of the court which convicted the accused person.
“The court has inherent power in any situation to suspend execution of its powers if there is good reason to. We are drawing the court’s attention to Article 126(4) of the 1992 constitution," lawyers for Mr. Essien argued.
However, Deputy AG, Alfred Tuah-Yeboah opposed, noting that the state is not interested in renegotiating with the accused person. Adding further, Mr. Tuah-Yeboah stated that granting Mr. Essien's application could send “a dangerous signal to others that they can come to the court, agree on specific terms, breach those terms, and come back to the court for an extension.”
Dismissing the application, Justice Eric Kyei Baffuor noted that he failed to “see the invitation by learned counsel for Mr. Essien in respect of the approach to the proper construction of section 35.”
“I do not find it necessary to exhaustively respond to the issue of the amount paid by the convict and what should happen. I will deal with that in the motion of the Republic," he said.
The case has been adjourned to May 17, 2023, to hear the AG's application for the imposition of custodial sentence on Mr. Essien.
Background
Mr Essien, who was standing trial with two others for stealing depositors' funds after the collapse of his bank, had reached an agreement with the AG’s department in December 2022, to pay an amount of Ghc 90 million as restitution to the state, under section 35 of the Courts Act, 1993 (Act 459).
On May 2, 2023, however, the AG filed an application, asking the High Court to impose custodial sentence on Ato Essien following his failure to make payment for the first installment of Ghc 20 million of the outstanding amount of Ghc 60 million on his restitution deal.
Under the agreement that was reached in 2022, Ato Essien had paid GHc 30 million in advance (on or before the time of his conviction) and the remaining GHc 60 million was to be paid in three installments of Ghc20 million within 1 year.
The first installment of the outstanding Ghc 60 million was due on April 28, 2023, which according to the AG, Mr. Essien had failed to honour.
