[2023]DLHC16316October 13, 2023High Court

THE REPUBLIC vs. WILLIAM ATO ESSIEN

The convict, William Ato Essien, pleaded guilty to multiple counts including conspiracy to steal, stealing, and money laundering involving large sums of money from Capital Bank Ltd, which led to the bank's collapse. He agreed to a settlement to refund ninety million Ghana cedis in installments but defaulted on payments, prompting the Republic to seek custodial sentencing.

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JUDGMENT 1. The Republic by this motion seeks an order for the imposition of custodial sentence on the Convict/Respondent pursuant to section 35(7) of the Courts Act, 1993, Act 459. The application is supported by a twelve-paragraph affidavit to the effect that the Convict had failed to make a payment of Twenty Million Ghana cedis on or before the 28th of April, 2023 thereby failing to meet the conditions imposed on him and in the view of the Republic this effectively terminates the terms of settlement. Prosecution accordingly seeks for the passage of custodial sentence on the Convict according to law. A background to what has necessitated this process would be helpful. 2. It may be recalled that on the 13th of December, 2022 the Convict changed his plea from “Not Guilty” to “Guilty” on all the counts that he was facing before this court. He was accordingly convicted on his plea. The Convict took advantage of section 35 of the Courts Act, 1993, Act 459 for which the Republi...