By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FMStarr FMStarr FM
  • Home
  • Election Hub
  • General
    GeneralShow More
    Nana Kwasi Boatey challenges David Asante Boateng to dispute GPCL achievements with evidence
    November 5, 2026
    Quota system for nursing admissions practical fix for joblessness and overcrowded colleges – GNMTA Prez
    November 5, 2026
    Review Ghana’s labour laws to make Labour Commission’s decisions binding – Bawa Duah
    November 5, 2026
    Ride-hailing drivers launch sit-down strike over high commissions and unfair penalties
    November 5, 2026
    Police arrest three suspected outlaw motorcycle gang members in Kumasi Suame
    November 5, 2026
  • Business
    BusinessShow More
    Nana Kwasi Boatey challenges David Asante Boateng to dispute GPCL achievements with evidence
    November 5, 2026
    BoG Governor challenges stakeholders to turn financial health discussions into action
    November 5, 2026
    Ghana’s petroleum demurrage costs hit US$46.73m in 2026 – CEMSE
    November 5, 2026
    ORC dissolves 323 companies, including Ashanti Cement and Ghana Breweries
    November 5, 2026
    Ghana’s petroleum prices inflated by decade-long delay in alternative mooring facility – CEMSE
    November 5, 2026
  • Politics
    PoliticsShow More
    NPP’s Kwesi Botchway Jnr. accuses Ablakwa of exploiting xenophobic attacks for political publicity
    November 5, 2026
    NPP’s Kwesi Botchway Jnr. demands receipts for GH¢27m South Africa evacuation flights
    November 5, 2026
    NPP has failed to establish case for Ablakwa’s removal – Julius Kwame Anthony
    November 5, 2026
    Minority yet to produce witnesses to back claims of Ghanaians being shortchanged – Julius Kwame Anthony
    November 5, 2026
    Minority has no authority to demand evacuation invoices – Julius Kwame Anthony
    November 5, 2026
  • Entertainment
    EntertainmentShow More
    Ghana’s languages are a vital cultural asset, let’s promote it – Dzifa Gomashie
    November 5, 2026
    Akwaaba UK unveils December in Ghana 2026 events lineup
    October 19, 2026
    MzVee, Sista Afia, Ugoccie and Sefa celebrate life on new single ‘Enjoyment’
    October 16, 2026
    ‘There is life after cancer’ – Stephanie Benson
    October 15, 2026
    Stephanie Benson calls for performance schools in Ghana
    October 15, 2026
  • Sports
    SportsShow More
    “Ghana can be proud”: French Ambassador backs Black Challenge’s World Cup dream
    November 4, 2026
    Samson Deen calls for wider sports support after Gold Fields backs Black Challenge
    November 4, 2026
    Gold Fields Ghana commits US$500,000 to Black Challenge ahead of World Cup
    November 3, 2026
    Dakar 2026: Ghana’s young athletes carry nation’s hopes at historic youth olympics
    November 2, 2026
    GPL Roundup: Medeama hold Kotoko as Hearts lose to Debibi
    November 2, 2026
  • Technology
    TechnologyShow More
    Samuel Nartey George elected Chair of AU Communications and ICT Committee
    October 29, 2026
    AVAS 2026: Accra to Drive Africa’s Tokenisation Agenda
    October 28, 2026
    Yellow Card wins Gold in Diamond category at 2026 Money Awards
    October 27, 2026
    Dorcas Affo-Toffey engages Ceris Technologies on port digitalisation, cybersecurity
    October 22, 2026
    BoG Governor urges IMF to boost Africa’s AI and digital capabilities
    October 14, 2026
  • International
    InternationalShow More
    Queen Máxima visits Bank of Ghana as Ghana steps up financial health agenda
    November 5, 2026
    Ghana launches ‘Experience Ghana’ campaign at World Travel Market London 2026
    November 4, 2026
    Slavery’s legacy: King Charles III pushes modern partnerships, economic opportunities
    November 4, 2026
    ‘History is not ours to choose or change’ – King Charles III on slavery’s legacy
    November 4, 2026
    Do not let Javits’ case go cold – Afenyo-Markin urges Ghana’s US mission to pursue justice
    November 3, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: Defunct Capital Bank founder Ato Essien files motion to amend grounds of appeal against 15-year jail term
Share
Notification Show More
Font ResizerAa
Starr FMStarr FM
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
BusinessGeneralHeadlines

Defunct Capital Bank founder Ato Essien files motion to amend grounds of appeal against 15-year jail term

Former Capital Bank CEO William Ato Essien has filed a motion to amend his appeal against a 15-year jail term over the failure to repay GH¢53 million to the state.

Murtala Inusah
By Murtala Inusah
Published: October 16, 2026
Share
SHARE

Founder of the defunct Capital Bank, William Ato Essien, has filed a motion at the Court of Appeal seeking to amend some of his grounds aimed at challenging his 15 years incarceration.

The motion on notice to amend the grounds filed on October 5, 2026 is premised on Rule ls 7 and 38 of the Court of Appeal rules 1997 CI19 and the inherent jurisdiction of the Second Highest Court of the land.

In Court on Wednesday, October 14, the panel of three adjourned the matter indefinitely to allow the Prosecution the opportunity to be served and respond appropriately.

William Ato Essien was physically present in Court when the case was called before the Court of Appeal panel.

On July 30, 2025, the Court of Appeal granted bail to the Founder of the defunct Capital Bank, William Ato Essien, in the sum of GHc10 million with two sureties pending an appeal against his 15 years custodial sentence.

The panel said the convict applicant is to deposit his passport a the registry of the court.

Lawyers of the convict went to the Court of Appeal after the High Court had dismissed his request earlier in February, 2025.

Ato Essien was sentenced to serve a 15-year term after failing to pay an outstanding balance of GHc53 million to the State out of the GHc90 million

Prior to his sentenced, he had paid GHc37 million of the sum.

Per the agreement Ato Essien had with the republic after agreeing to in December 13, 2023, he was to pay GHc60 in three installments.

On December 13, 2022, Ato Essien, Chief Executive Officer of defunct Capital Bank, shed tears as the High Court re-took his plea to make effective a plea bargain agreement.

He pleaded guilty to 16 counts of charges – Conspiracy to steal, stealing, and money laundering.

The court, presided over by Justice Eric Kyei Baffour, a Court of Appeal Judge, sitting with additional responsibility as a High Court Judge then convicted him on his own plea.

The court accepted the agreement reached between Essien and the State, which binds him to refund GHS90, but had already paid GHc30 million leaving a balance of GHc60 million to be paid in three installments.

However on May 2, 2023, after failing to pay the first GHc20 million installment by the April 28 deadline, the State filed an application for him to be committed to prison.

In court on Thursday, October 12, 2023, it came to light that Ato Essien had only so far paid GHc37 million out of the total GHc90 million leaving an outstanding balance of GHc53 million.

Justice Kyei Baffour while sentencing him after the the State had moved the application for custodial sentence to be imposed on him and same opposed by his lawyers, he took into consideration nature of crime, the circumstances of the crime and the impact on society.

The Court said the acts committed by Ato Essien was “deliberate and calculated” one adding that as the Majority shareholder of the bank he “demonstrated greed” by opening another bank.

The court said he was expected to have demonstrated a sense of responsibility but not stealing those gargantuan sums of monies.

The court also stated that it took into consideration the GHc37 million refunded to the Republic.

Justice Eric Kyei Baffour also said Ato Essien pleaded guilty on December 13, 2022 after the trial had ended and also wasted the time of the court.

The court also said through him countless people have lost their job and some are still hunting for jobs in addition to the state dispensing with monies through his actions.

He was then sentence variously for all the sixteen counts including 15 years for stealing GHc100 million.

The sentences the court said are to run concurrently.

Impose custodial sentence

Joshua Sackey, a Senior State Attorney while moving that Application for the imposition of custodial sentence on the respondent pursuant to section 35(7) of the courts act 1993 act 459 said, per the agreement that the Republic had with the Respondent (Convict) under Section 35 of the Courts act, about GHc90 million was to be paid to the state.

He submitted that, the said agreement was adopted by this honorable court, however the Respondent has failed to abide by the terms of agreement

The Senior State Attorney submitted that, even though the court has granted him several opportunities to make payments, he has failed to do so.

“Per the said provisions of section 37(7) of the Courts Act, the entire outstanding GHc53 million balance has fallen due and per their showings, the Respondent will not be able to raise this amount in fulfillment to his obligation to the State.

It was also the submission of the Senior State Attorney that, as a result of this, “we are praying that this Honouable court will pass a custodial sentence on the Respondent.”

“Since his conduct is in clear violation of Section 35(7) of the Courts Act, we pray that the amount paid so far should be taken into consideration by this honorable court in mitigation of sentence.”

Premature application

Lawyer Baffour Gyau Bonsu Ashia who was holding Thaddues Sory’s brief for Ato Essien opposed to the application.

“We are opposed to the application filed by the State praying this Court for the imposition on the convict Respondent pursuant to Section 35(7).

According to him, the two grounds of the affidavit in opposition are that, ”the application is premature and fail to properly invoke the jurisdiction of the court.”

“The second grounds of opposing the application is that the convict has demonstrated in this court that should this court lends towards him and afford him the opportunity he will be able to pay the outstanding balance,” counsel submitted.

Counsel submitted that, “Our interpretation is that there is every obligation on the state to recover the outstanding amounts payable.”

He added that, The application by the state praying the court for the imposition of custodial sentence is premature

“The second leg of our argument is that the convict has demonstrated in this court that given the opportunity, given some time he will be able to pay the outstanding amount which has fallen due and payable.”

Counsel said, just when the agreement between the convict and State was executed, even though the accused person then had not been working ever since the license of the bank was revoked, the accused then and convict now was able to pay the first installment of GHc30 million.

Six months grace period

Counsel said, his client has not been working and his passport has been taken which has limited his movement to raise funds not only in the country but outside the country.

“The spirit and purpose of Section 35(7) of the Courts Act, will be completely undermined if the court were to proceed and pass custodial sentence on convict especially when the convict has made payments amounting to GHc37 million more than one-third of the settlement sum.”

“Having regards to the new facts that has arisen after the exhibition of the agreement and in the interest of Justice, it is our humble prayer that my lord tamper justice with mercy and afford the convict some time to pay the total amount that has fallen due and payable.

Counsel submitted that, “a period of six months given to the convict will be enough time for convict to retire the outstanding sum”.

South Tongu: Court issues bench warrant for arrest of man accused of defiling 10-year-old girl
Disability Fund support reduces street begging among PWDs in Koforidua – New Juaben South MCE
#EIBQATAR2022: Saudi Arabia beat Argentina in stunning World Cup upset
E/R: One arrested as illegal miners open fire on MUSEC
Lands Ministry mourns fatal NAIMOS accident in Obuasi after anti-galamsey operation, launches probe
TAGGED:Capital Bankcourt of appealfinancial crimeGhana judiciaryWilliam Ato Essien
Share This Article
Facebook Email Print
Share
Previous Article NUGS condemns alleged sexual abuse by Obuasi SHTS headmaster, demands probe
Next Article Joyce Bawah Mogtari urges women leaders to build strong support networks

Starr 103.5FM

Starr FMStarr FM
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!
Subscribe to our newsletter and never miss our latest in news, podcasts etc..
[mc4wp_form]
Zero spam, Unsubscribe at any time.
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?