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The embattled founder and former Chief Govt Officer of defunct Capital Financial institution, William Ato Essien, has a made a final minute try to keep away from being despatched to jail by paying GH¢4 million out of the GH¢20 million he ought to have paid by April 28, 2023.
He has additionally filed an utility difficult a movement filed by the Legal professional Common asking an Accra Excessive Courtroom to ship him to jail for failing to pay the GH¢20 million as a part of an settlement which saved him from going to jail after pleading responsible to stealing from the defunct financial institution.
Mr. Essien, in his utility, is virtually begging the courtroom to not impose a custodial sentence on him as his incapability to pay the GH¢20 million was not deliberate however triggered primarily by the financial hardship within the nation.
Per his affidavit in assist of the movement, he mentioned one of many causes he was not capable of pay the quantity agreed upon is that he was unable to journey to benefit from enterprise alternatives as a result of he couldn’t procure the discharge of his passport to him by the courtroom.
Another excuse he’s counting on to persuade the courtroom to not jail him is that a few of the native enterprise choices he pursued both yielded no fruits or have stalled because of the dire financial and monetary circumstances within the nation.
It’s his argument that it is going to be unfair for the courtroom to impose a custodial sentence on him because it won’t serve the curiosity of justice.
It is usually his argument that having paid multiple third of the agreed quantity, imposing a custodial sentence on him will lead to a miscarriage of justice and can offend the precept that an individual should not be condemned earlier than a listening to is given to them.
Mr. Essien was standing trial for stealing from the GH¢620 million liquidity assist given to the struggling financial institution in 2015, which led to its insolvency and subsequent collapse however managed to remain out of jail after reaching an settlement with the Workplace of the Legal professional Common to plead responsible, pay the quantity stolen in addition to restitution.
Per the settlement, he was to pay an quantity of GH¢30 million by December 1, 2022, which had already been paid.
He’ll then pay the remaining GH¢60 million in three installments of GH¢20 million every, with the primary installment scheduled to be paid on April 28, 2023, the second on August 31, 2023, and the final on December 15, 2023.
The courtroom, presided over by Justice Eric Kyei Baffour, a Courtroom of Attraction decide sitting as an extra Excessive Courtroom decide, had added {that a} failure by Ato Essien to pay the following installment in full on or earlier than April 28, 2023, nullifies the settlement and he should pay your complete GH¢60 million or he ought to be arrested and introduced earlier than the courtroom for him to be dedicated to jail.
Supply: dailyguidenetwork.com
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