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October 12, 2023
HIGH COURT
GHANA
CORAM
By Court: At the last adjourned date, which is the 27" of July 2023, the Court could not sit. Subsequently, there was two months’ vacation. May [ enquire from learned Counsel for the Convict, whether the Convict has taken advantage of the long period of time fortuitously afforded him to pay the monies.
Counsel for Convict/Respondent: My Lord, we have not been able to pay the agreed sums to the State. At the last two sittings, a letter has been written from the offices of Robert Kpatsa informing the Court that they had gotten a judgment against Essien Swiss International for which reason they had an interest in the properties which Essien Swiss had assigned to Panaerico Company Limited. We took steps and realized that it was true that they had taken judgment against Essien Swiss. This piece of information cause Panaerico to cease payments as agreed under the sale of asset agreecment between Essien Swiss and Panaerico Company Limited. My instructions are that, steps were taken to engage Keymeb Travel & Tours Limited. the Judgment Creditor to resolve the issue. As 1 speak, there 1s an appeal pending against the judgment of the High Court. It is our humble prayer that because of the steps which the Convict has taken 1o pay more than one third of the agreed sum. it is our humble prayer that this Court indulges us and grant us more time in order to retire the outstanding amounts. We are not taking advantage of the leniency that the Court has shown us. | pray that My Lord should temper justice and give us more time,
By Court:I have heard learned Counsel praying for further time for the Convict to pay the outstanding GH¢53,000,000.00. The basis of the prayer is that, there 1s an appeal pending in respect of the case of Keymeb Travel & Tours Limited v Essicn Swiss over the levying of the execution of some properties at Prampram. In the view of the Court, I do not think it proper for this Court to hold in abeyance the determination of the application filed by the Republic to abide by uncertain date in future for the completion of a completely independent case which may not even have any impact on this suit. I accordingly invite the Republic to move the application filed on 2™ of May, 2023.
Prosecution/Applicant: My Lord, before you is an application for the imposition of custodial sentence on the Respondent pursuant to Section 35 (7) of the Court Act 1993, Act 459. 1 move in terms of the motion paper and the supporting affidavit. Per the agreement that the Repub
AI Generated Summary
Justice Eric Kyei Baffour (JA), sitting as an additional High Court Judge, decided the Republic’s motion to impose a custodial sentence on William Ato Essien under section 35(7) of the Courts Act after his default on agreed restitution payments. Essien, a former majority shareholder of Capital Bank, had earlier pleaded guilty to sixteen counts and entered into a settlement requiring repayment of GHS 90 million; he paid GHS 37 million but failed to meet the April 28, 2023 and August 31, 2023 installments. The prosecution sought custody; the defense argued prematurity and asked for more time, citing a Prampram property and pending civil proceedings. The Court held section 35 proceedings are criminal and do not require civil execution, found the Prampram property was encumbered and unlikely to fund payments, and concluded Essien was unable to pay. The application was granted and substantial custodial sentences were imposed on multiple counts, ordered to run concurrently, while considering partial repayment and the significant harm caused.