Audio By Carbonatix
Senior Vice President of IMANI Africa, Kofi Bentil, has disagreed with Justice Eric Kyei Baffour’s suggestion that Section 35 of the Courts Act may be making crimes attractive.
According to him, the opposite of that assertion is true.
Justice Eric Kyei Baffour on December 1, rejected the terms of settlements reached between state prosecutors and the founder of Capital Bank, William Ato Essien.
Mr. Essien, per the proposed settlement, was to pay GH₵90 million in total and GH₵60 million in an agreed installment settlement with the state.
However, the presiding Judge who was ready with his judgement said the state appears to have been compromised.
He said the prosecutors’ use of Section 35 of the Courts Act to reach a settlement agreement with the accused does not apply to the instant case, and such settlements make crimes attractive.
Section 35 of the Courts Act, says, “Where a person is charged with an offence before the High Court or a Regional Tribunal, the commission of which has caused economic loss, harm, or damage to the State or any state agency, the accused may inform the prosecutor whether the accused admits the offence and is willing to offer compensation or make restitution and reparation for the loss, harm, or damage caused.”
Reacting to Justice Kyei Baffour’s statement, Kofi Bentil stated that unlike the Judge’s suggestion, Section 35 was making crimes in the country unattractive.
He said, “There is good reason in philosophy, in what is proper and practical for us to have a section 35, because there are people who actually steal state money and want to go to jail for five, even ten years come back and enjoy it.”
He explained that while custodial sentences only delay convicted persons from enjoying their stolen wealth, Section 35 on the other hand, forces them to cough out the money.
“Yes I disagree with him because Section 35 is a very good provision for those of us who are in policy, who look at what goes on in this country, and the millions that we lose and the money we don’t recover. You see, over the decades, over the years people have come to realize that indeed without 35 it is lucrative rather to steal.
“So indeed the argument is counterproductive against what was said that because of 35 people are going to steal, it is without 35 that people steal. And we’ve seen some, I’ve seen some, I don’t want to go into the details.
“The point here is that with 35 you know that if you steal you can be asked to cough up the money and in this particular case if you go through the numbers what is being coughed up is quite substantial given what is being admitted,” he explained.
Latest Stories
-
I assure Otumfuo, Mahama will join him to commission KNUST Teaching Hospital by end of this year – Haruna Iddrisu
13 minutes -
Gov’t to roll out free special education for persons with disabilities from July 1 – Education Minister
35 minutes -
“We used it to test our officiating officials’ readiness” – Bawah Fuseini after CAA Athletics event
1 hour -
Volleyball emerges as Ghana’s fastest rising sport
1 hour -
National Sports Fund needs strong leadership from the top – Administrator David Wuaku
1 hour -
JoySports Exclusive: Steve McLaren in talks with GFA after expressing interest in Black Stars job
2 hours -
Fire guts auto parts warehouse at Bubuashie, one fire officer injured
2 hours -
I owe my victory to coach Ofori Asare – Allotey after winning WBA Africa Gold Super Flyweight belt
2 hours -
Church of Pentecost supports over 2,000 BECE candidates in Obuasi with career guidance seminar
3 hours -
Brandon Asante and Coventry all but promoted to Premier League despite Sheffield Wednesday draw
4 hours -
GPL 2025/26: Late Kwartemaa strike downs Hearts in Tema
4 hours -
Ghana Faces Sierra Leone Moment as Prosecutorial Powers come under strain
4 hours -
Don’t consume fish or seafood from Tema Shipyard until further notice – FDA warns
4 hours -
Why volunteering might be Africa’s most underrated career accelerator
4 hours -
ActionAid Ghana raises concern over gender gaps in Feed Ghana Programme
4 hours