Hot Source…Amid deteriorating health
Dr John Apea, the Head of Mission for the Commonwealth Enterprise and Investment Council, has announced plans to spearhead a formal petition calling for a presidential pardon for William Ato Essien, the embattled founder of the defunct Capital Bank.
Dr Apea’s decision, he says, is grounded in concerns over what he describes as a miscarriage of justice and worsening health conditions affecting Mr Essien.
The move, he believes, aligns with the principles of justice, fairness, and human rights that form the foundation of the Commonwealth Charter.
“This petition is not a defence of financial mismanagement,” Dr Apea stated. “It is a call for a more balanced and humane approach to justice, one that takes into account not only legal outcomes but also the human condition and our moral responsibility as a nation.”
Renowned Ghanaian Kwaku Sintim-Misa, alias KSM, a satirist and television host, has also called on President John Dramani Mahama, to consider granting clemency to imprisoned businessman Ato Essien, citing the latter’s deteriorating health.
Mr Essien was convicted in connection with the collapse of Capital Bank and is currently serving a custodial sentence. His legal team had previously negotiated a repayment agreement with the state, sparking debate over the appropriateness of the final judgment. Recent reports indicating a decline in his health have further intensified public concern.
Essien was sentenced to 15 years in prison by an Accra High Court, following charges of stealing over GH¢90 million of liquidity support provided by the Bank of Ghana to Capital Bank.
He was initially given the opportunity to avoid a custodial sentence by agreeing to pay back the GH¢90 million as restitution to the state. Still, he failed to meet the payment terms agreed upon with the Attorney General and the court.
Essien paid GH¢30 million upfront in December 2022, but was unable to pay the remaining GH¢60 million in the agreed instalments. His failure to fulfil the payment terms led the court to impose a custodial sentence.
Dr Apea indicated that preparations for the petition are already underway and that it will be submitted to the Office of the President.
He noted that he is consulting with a range of civic and legal stakeholders, including religious leaders and human rights advocates, to build national support for the effort.
“A nation must be strong enough to correct its mistakes and compassionate enough to protect its vulnerable,” he said. “If we truly believe in justice, we must be willing to revisit outcomes that may not reflect our highest ideals, especially when life and dignity are at stake.”
He also emphasised that Ghana, as a member of the Commonwealth, bears a responsibility to uphold international human rights norms, particularly in cases involving ill health and the treatment of prisoners.
The proposed clemency petition is expected to reopen the discussion about Ghana’s criminal justice system and the role of presidential pardons in advancing both accountability and mercy.
During a recent episode of The KSM Show, the outspoken broadcaster, also disclosed that Essien, the former CEO of the defunct Capital Bank, is now wheelchair-bound, following a spinal injury sustained, while serving time.
“Mr. President, I beg you. Please, this man, in my view, has been wronged. He is languishing in jail. If you should go and visit Ato Essien right now, the man is in a wheelchair,” KSM said, visibly emotional.
Essien was convicted in 2023 for embezzling more than GH¢90 million in liquidity support from the Bank of Ghana. Although the court initially allowed him to avoid jail by refunding the money, he only managed to pay GH¢30 million, failing to settle the outstanding balance.
KSM emphasised that his appeal is not based on personal affiliation but rather a moral obligation to speak up for someone in distress.
“He had an accident while in jail, and I think he sustained a very severe spinal injury. So right now, the man is in extremely bad shape, so many things,” he explained.
“I am using this platform to appeal to His Excellency. Please, you have the power of clemency. I am begging the President. I can use this platform for all Ghanaians to add their voices and plead that Ato Essien does not belong there.”
In February this year, President Mahama was petitioned to grant a presidential pardon for Essien, an entrepreneur and founder of First Capital Plus, which later evolved into Capital Bank.
The petition submitted by Andrew Appiah-Danquah, a lawyer, and dated Thursday, February 27, raised serious concerns about the fairness and integrity of Essien’s conviction and imprisonment.
The petition highlighted Essien’s significant contributions to Ghana’s financial sector as being the founder of Capital Bank, his leadership and innovation provided thousands of jobs, supported local businesses, and empowered Ghanaian entrepreneurs.
The petition argued that his conviction undermined the achievements of a visionary entrepreneur who proved that local enterprises could thrive in a competitive financial sector.
Other facts of the petition were that “Capital Bank’s collapse in 2017 was not due to fraud but a politically orchestrated move to consolidate financial power.
Mr Essien refused to bow to political pressure to cede control of his bank to powerful interests, which ultimately led to its targeted demise. The GH₵ 620 Million Liquidity Support Was a Commercial Loan, Not a Fraud…Capital Bank was repaying this loan and had already paid GH₵ 336 million in interest over two years—clear evidence that it was a legitimate banking transaction.
“The GH₵ 480 million described as a “shareholder loan” was not stolen but rather a strategic restructuring of non-performing loans accumulated over 14 years. Such restructuring is a common financial practice aimed at strengthening a bank’s financial position and was not an act of fraud. The Court’s Acquittal of Others Contradicts Ato Essien’s Conviction.
“Three other accused persons, Dr. Tetteh Nettey, Rev. Fitzgerald Odonkor, and Kate Quartey-Papafio, were acquitted on the exact charges for which Mr. Essien was convicted.
The court held that the GH₵ 70 million transaction involving Kate Quartey-Papafio was fully accounted for. The GH₵ 130 million transaction involving Dr. Tetteh Nettey was fully accounted for. The GH₵ 27.5 million transaction involving Rev. Fitzgerald Odonkor was legal and authorised.
It further stated that when the court determined that the payments forming the basis of the charges were lawful, the state had an obligation to review Mr Essien’s conviction and ensure justice was served.
“To avoid a prolonged trial, Mr Essien was pressured into a plea bargain, agreeing to pay GH₵ 90 million—an amount significantly higher than the alleged loss, which he has already paid GH₵ 43.75 million.
It, therefore, urged the president to grant a Presidential Pardon to Mr. William Ato Essien.
“Granting a Presidential Pardon to Ato Essien will not only restore justice but will also affirm your commitment to a truly new Ghana—one where freedom and justice are not just words, but lived realities,” the petition added.
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