Audio By Carbonatix
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.
Latest Stories
-
Vice President calls for sustainable livelihoods, stronger protection for Kayayei
4 minutes -
DMU 002 train repaired after colliding with goat near Ashaiman
15 minutes -
Three remanded over alleged concealment of 869 cocaine slabs in gari
18 minutes -
Ernest Chemists mourns with Dagbon, donates GH¢70,000 to Palace
19 minutes -
Court turns down bail for alleged romance scam pastor
29 minutes -
Asokwa MCE links recent MoMo vendor attacks to Asafo Market decongestion
29 minutes -
Galamsey has polluted 60% of Ghana’s water bodies — CSIR-WRI scientist
31 minutes -
Criminal trials during legal vacations a ‘novel’ departure from tradition — Kpemka
31 minutes -
Nana B begins campaign tour in Ashanti region as he eyes NPP 1st Vice chair position
31 minutes -
CDD-Ghana calls for investigations into unresolved 2020 and 2024 election violence cases
33 minutes -
Communities applaud early gains under Damang Gold Mine Limited
42 minutes -
Cheddar’s application thrown out, High Court awards GH¢20,000 costs against him in Cola Holdings case
45 minutes -
Court gives Adu-Boahene, wife 6 days to secure lawyers or cross-examine witness themselves
47 minutes -
Investigate alleged US$1.7bn loss in connection with Gold Purchase Programme – Abena Osei Asare to Mahama
49 minutes -
Political parties, judiciary need reforms to protect African democracy — Asiedu Nketiah
50 minutes