Doubts mount over Ato Essien’s presidential pardon campaign

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Doubts mount over Ato Essien’s presidential pardon campaign

Doubts mount over Ato Essien’s presidential pardon campaign

…. His injury & wheelchair claims questioned

Campaigners pushing for a presidential pardon for William Ato Essien, the jailed founder of the defunct Capital Bank, may have a tough battle ahead amid growing skepticism over his reported health complications, including claims he has been confined to a wheelchair following an injury, the cause of which has not been disclosed.

Essien was sentenced on 12 October 2023, and according to The Herald’s investigations, he has spent less than a year in prison for stealing over GH₵90 million belonging to the bank.

The calls for clemency are being led by two prominent television personalities; Kwaku Sintim-Misa, popularly known as KSM, a celebrated Ghanaian actor, director and talk show host, and Dr John Apea, who gained fame for his role as “Junior” in the popular Ghanaian series Home Sweet Home, and for his appearance in the film Run Baby Run.

Dr Apea, who identifies as the Head of Mission for the Commonwealth Enterprise and Investment Council, has gone further to announce plans to submit a formal petition for a presidential pardon on Essien’s behalf.

Essien was reportedly admitted to the 37 Military Hospital’s VIP (Anoff) Ward on February 7, 2024, and discharged on April 1, 2025. His main physician, Dr Baba Adam, is said to have retired on 5 July 2024, six months prior to Essien’s final discharge.

However, critics of the pardon campaign question the authenticity and timing of Essien’s health claims, suggesting they may be aimed at avoiding continued imprisonment. They argue that if he believes there are grounds for a legal challenge, the proper course would be to file an appeal and exhaust all legal remedies, including a possible review at the Supreme Court.

Opponents of granting presidential pardons in such cases warn that it could seriously undermine national anti-corruption efforts. They contend that pardoning individuals convicted of serious financial crimes, such as fraud and corruption, not only weakens the deterrent power of the law but may embolden future wrongdoing.

“When people know that even if they are caught and convicted of corruption or fraud, they might still be pardoned, it significantly reduces the fear of punishment,” one legal analyst told The Herald. “This creates a culture of impunity.”

Moreover, granting clemency to high-profile individuals convicted of financial crimes can erode public confidence in the justice system and the government’s commitment to combating corruption. It sends a dangerous message that accountability can be bypassed, especially for those with influence or connections.

Critics warn that such pardons can contribute to a vicious cycle of corruption, where powerful individuals engage in unlawful behaviour with the expectation of eventual political protection. The result, they argue, is a weakening of ethical standards in public institutions and a normalisation of corrupt practices.

As the campaign for Essien’s pardon gathers pace, the debate over justice, accountability, and the role of presidential discretion in corruption-related cases is likely to intensify.

Addressing a news conference last Thursday (July 10), he explained that Mr Ato Essien, who was jailed in 2023 for stealing over GH₵90 million belonging to the bank, was currently battling health challenges and was in a wheelchair.

He added that the trial of Ato Essien was a miscarriage of justice, saying he was preparing to gather over 650 signatures for the petition.

Dr Apea stated that the GH¢90 million the state accused Essien of stealing was not stolen, but rather part of a liquidity support loan provided by the Bank of Ghana to Capital Bank, not a bailout or grant.

He stated that Capital Bank had been repaying GH¢14.4 million monthly without default and had already repaid GH¢308 million before the bank’s closure.

“That GH¢90 million is extremely contentious to begin with. The case was made that liquidity support was given by the Bank of Ghana to Capital Bank, the bank he founded.

I’m here to tell you that this liquidity support was not free money; it was a loan, a commercial loan at 28 per cent per annum.

And until Capital Bank was closed, they were paying GH¢ 14.4 million every month without default,” he stated.

Dr Apea further argued that Ato Essien was neither the Managing Director nor part of the bank’s management team, but had only acted as a facilitator in securing the loan.

Essien, who was convicted in December 2022 for stealing over GH₵90 million belonging to Capital Bank, avoided a custodial sentence after the court accepted an agreement between him and the Attorney-General (A-G) for him (Essien) to pay the GH¢90 million as restitution to the state.

In a ruling, the court, presided over by Justice Eric Kyei Baffour, held that Essien had failed to pay the restitution to the state as per the agreed terms with the Attorney General.

The agreement was pursuant to Section 35 of the Courts Act, 1993 (Act 459), which allows accused persons standing trial for causing financial loss to the state to pay the money and possibly avoid a custodial sentence.

Essien paid GH₵30 million of the amount on December 1, 2022, and per the agreement as adopted by the court, was ordered to pay the remaining GH₵60 million in three instalments with the first instalment on or before April 28, 2023, the second on or before August 31, 2023, and the last instalment on or before December 15, 2023.

However, Justice Kyei Baffour said as of the time of sentencing, Essien had paid only GH₵7 million out of a possible GH¢40 million, missing the deadlines for April 28 and August 3, 2023, bringing the total paid to GH₵37 million of the total GH₵90 million.

Justice Kyei Baffour, however, ruled that Essien could regain his freedom if he paid the outstanding sum of GH₵53 million, which is the amount still owed to the state as reparation and restitution.

He has since been jailed, with an appeal in motion to challenge the High Court’s decision.

KSM, recently called on President John Dramani Mahama to consider granting clemency to the imprisoned businessman, also citing the latter’s deteriorating health.

During a recent episode of The KSM Show, the outspoken broadcaster disclosed that Essien, the former CEO of the defunct Capital Bank, is now wheelchair-bound following a spinal injury sustained while serving time.

“Mr. President, I beg you. Please, this man, in my view, has been wronged. He is languishing in jail. If you should go and visit Ato Essien right now, the man is in a wheelchair,” KSM said, visibly emotional.

KSM emphasised that his appeal is not based on personal affiliation but rather a moral obligation to speak up for someone in distress.

“He had an accident while in jail, and I think he sustained a very severe spinal injury. So right now, the man is in extremely bad shape, so many things,” he explained.

“I am using this platform to appeal to His Excellency. Please, you have the power of clemency. I am begging the President. I can use this platform for all Ghanaians to add their voices and plead that Ato Essien does not belong there.”

The post Doubts mount over Ato Essien’s presidential pardon campaign appeared first on The Herald ghana.

Provided by SyndiGate Media Inc. (Syndigate.info).


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