Martin Kpebu commends Judge for rejecting Ato Essien’s settlement with state - www.asempanews.com

Private Legal Practitioner, Martin Kpebu has commended Justice Eric Kyei Baffour, the presiding Judge for the case between the State and founder of Capital Bank, William Ato Essien for rejecting a settlement between both parties.

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He agreed with the judge that the terms for the settlement do not favour the state, thus should be reconsidered.

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Essien, per the proposed settlement, agreed to pay GH₵90 million in total: GH₵30 million today and GH₵60 million in an agreed installment settlement with the state.

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But in court on Thursday, December 1, 2022, the presiding judge, Justice Eric Kyei Baffour, who was ready with his judgment, said the state appears to have been compromised.

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“So, after three years of going through prosecution with the state calling 17 witnesses, is this the best settlement for the prosecution.

Section 35 of the Courts Act states that “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.”

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Kpebu said “the Judge has done extremely well and he should be commended because I buy into the argument that the value of the money today is certainly far less than its value three to four years ago.”