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President John Dramani Mahama has been petitioned to extend a presidential pardon to convicted owner of now-defunct Capital Bank, William Ato Essien.
The presidential pardon being sought through the Minister for Justice and Attorney General (AG), Dr Dominic Akuritinga Ayine, was signed by Andrew Appiah-Danquah Esq., and sent to Jubilee House, with the AG in copy of the petition.
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The petition, dated Thursday, February 27, 2025 prayed the President to invoke his constitutional prerogative under Article 72 of the 1992 Constitution of Ghana “to grant clemency to Mr William Ato Essien.”
The petition described the subject as a Ghanaian entrepreneur, adding that his “conviction and imprisonment raise serious concerns about fairness, justice and the integrity of our legal system.”
STATED FACTS
It relied on some factors to support the request, including contention that Ato Essien has contributed a lot to the development of Ghana.
The argument is that Ato Essien is the founder of First Capital Plus, a financial institution that evolved into Capital Bank, describing it as one of Ghana’s most promising indigenous banks.
Again, the supporting argument was that his leadership and innovation provided thousands of jobs, supported local businesses and empowered Ghanaian entrepreneurs, proving that local enterprises could thrive in a competitive financial sector.
Also, President Mahama has been informed in the petition that Ato Essien conducted no fraud, but the collapse of the bank was a political orchestration.
“Capital Bank’s collapse in 2017 was not due to fraud, but a politically orchestrated move to consolidate financial power. Mr. Essien refused to bow to political pressure to cede control of his bank to powerful interests which ultimately led to its targeted demise,” the petitioner argued.
The petitioner told the President that the GHC 620 million liquidity support was a commercial loan, not a fraud.
According to the petition, that amount from the Bank of Ghana was not a gift or free money, but a commercial liquidity support facility, which the petition said is a standard banking practice used worldwide.
Capital Bank was repaying this loan and had already paid GHC 336 million in interest over two years.
The petition chronicled the events that unfolded, including the court’s outcome and blamed the state for not reviewing the conviction of Ato Essien, after it was determined by the court that the payments were lawful.
“Instead, despite these findings, Mr. Essien remains incarcerated, raising serious questions about selective justice,” it said.
Referring the President to the presidential oath to be faithful and loyal to Ghana, the petitioner argued that the continued incarceration of Mr. Essien, despite the court’s findings that the transactions at the heart of his case were lawful, undermines these fundamental values.
The petition insisted that, “in the spirit of freedom and justice, the state was duty-bound to re-evaluate his conviction and acquit him.”
PLEA BARGAIN
It would be recalled that Mr. Essien entered a plea bargain with the state. The AG said he was coerced into it unfairly.
The petitioner argued that to avoid a prolonged trial, “Mr. Essien was pressured into a plea bargain, agreeing to pay GHC 90 million – an amount significantly higher than the alleged loss.”
Indicating that the convict has already paid GHC 43.75 million, yet he remains incarcerated. He said “it is unjust that a man who has gone beyond the terms of restitution continues to be imprisoned. Our Humble Prayer.”
PARDON
It is, “In the light of the above, we respectfully request that Your Excellency exercise your constitutional discretion to grant a presidential pardon to Mr. William Ato Essien.”
The petitioner said the continued incarceration of Mr. Essien is not just an injustice to him, but a threat to all Ghanaian entrepreneurs who seek to build and grow businesses in good faith.
“We must ensure that justice is not weaponised against individuals who challenge political interests,” he asserted.
The petitioner wants the President to grant Ato Essien pardon to restore confidence in the rule of law.
“Your Excellency, the Reset Agenda that you have promised, which has received the overwhelming endorsement of the Ghanaian people, will not be complete unless it leads to the total reset of all acts of injustice perpetrated under the erstwhile regime.
“The greatest injustice of all is the persecution of William Ato Essien and the unlawful collapse of Capital Bank.”
The post Mahama Petitioned To Free Ato Essien appeared first on The Ghanaian Chronicle.
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