Lawyers representing William Ato Essien, the former CEO of the defunct Capital Bank, have had their application to set aside any proceedings that could lead to a custodial sentence for their client dismissed by the Accra High Court.
The State filed processes to get William Ato Essien imprisoned for not making payments as part of his GH¢90 million restitution deal after pleading guilty to the offences levelled against him.
Instead of facing an earlier jail sentence, Ato Essien agreed to refund the money after entering a plea bargain with the state under Section 35 of the Courts Act.
As part of the agreement, he made a GH¢30 million deposit and was expected to pay the whole balance of GH¢60 million in three instalments, but failed to do so beginning April 28, 2023.
Displeased Ato Essien requested further negotiations on the terms of payment.
In court, Thaddeus Sory, Mr Essien’s legal representative, argued that a custodial sentence would defeat the purpose of section 35(7) of the Courts Act, which formed the basis for the agreement.
He also maintained that the judge has the authority to suspend proceedings relating to the imposition of a custodial sentence when it concerns the implementation of a court judgment.
But the State opposed this, indicating that the section being cited does not provide the court the opportunity to exercise discretion and vary the terms of the agreement.
According to state, they are no longer interested in renegotiating the deal.
The Judge, Justice Eric Kyei Baffour after considering the application dismissed it without merit.
Meanwhile, the case has been adjourned to May 17, 2023, for the court to hear the state’s application for jailing Ato Essien.
Source: The Independent Ghana