A Private legal practitioner has expressed his disappointment with the Accra High Court’s ruling on Ato Essien’s case. 

Bobby Banson believes the judgement of the court is not deterrent enough. 

According to him, the court should have convinced Mr Essien in addition to restitution. 

Contributing to a panel discussion on JoyNews’ Newsfile on Saturday, the lawyer who doubles as an author said conviction and restitution are not mutually exclusive. 

“If a court finds an accused person guilty of offences relating to stealing and what have you, the fact that the court may impose custodial sentences does not mean the court does not have the jurisdiction to additionally order restitution. 

“It is not as if it is either you refund the money or you go to jail. They are not mutually exclusive. 

“A court has jurisdiction to impose a custodial sentence and in addition order that you refund the money. I agree with most Ghanaians that the court should have convicted him in addition to making him refund the money,” he said. 

An Accra High Court on Tuesday, December 13, accepted the terms of the settlement reached between the state and William Ato Essien, founder of defunct Capital Bank.

This was after an earlier rejection of the proposed settlement by the court.

Mr Essien was charged with the offence of conspiracy to steal, stealing and money laundering.

However, in court on Tuesday, state prosecutors and lawyers for Ato Essien advanced arguments to convince the court that the terms of the settlement reached between the two parties is the best deal for the state.

Per the agreement, Mr Essien has already paid an amount of GH¢30 million out of the GH¢90 million he has agreed to pay.