General A-G Asks Court To Imprison ATO Essien After Failing To Pay GH¢20 Million

The Attorney - General (A-G) has petitioned the Accra High Court to imprison Willaim Ato Essien, founder of the defunct Capital Bank.

The motion by the A-G followed Essien's failure to pay GHc20million of a GHc60million restitution to the state by April 28, this year, as part of an agreement for him not to go to prison for plundering more than GHc90million of depositors' funds.

As of last Friday, April 28, investigations by the A-G at the Controller and Accountant - General Department indicated that Essien had not paid the GHC20 million, according to a motion filed today and signed by a Chief State Attorney, Evelyn Keelson.

The Attorney General contends that Essien's failure to pay the money violated the orders issued by the High Court on December 13, 2017.


"Having failed to comply with a condition imposed by this court pursuant to Section 35 of the Courts Act, the delinquent amount has become due and the respondent is subject to a jail sentence," the motion stated.

Agreement

On December 13, 2012, Essien pled guilty to 16 counts of theft and money laundering and was consequently convicted by the court, presided over by Justice Eric Kyei Baffour, based on his own plea.

Essien avoided incarceration after the court accepted an agreement between him and the prosecution requiring him to pay GH90 million in restitution.

The agreement was made in accordance with Section 35 of the Courts Act, 1993 (Act 459), which permits defendants on trial for causing financial loss to the state to pay the money and potentially prevent a prison sentence.


Essien has already paid the state GH30 million (out of the remaining GH90 million) and will pay the remaining GH60 million in three installments of GH20 million by the end of the following year.


Essien risks incarceration if he fails to pay the money according to the terms of the contract.
The judge ordered him to pay the first installment no later than April 28, 2023, the second installment no later than August 31, 2023, and the final installment no later than December 15, 2023.

"In such a case, the prosecution shall immediately apprehend the convict and bring him before the court as soon as possible so that he may be sentenced to imprisonment in accordance with the law," Justice Kyei Baffour ordered.