Lawyer Kweku Paintsil has disclosed that the convicted founder of the defunct Capital Bank, William Ato Essien, has only one potential avenue to avoid a jail term, which is through executive intervention by the President, Akufo-Addo.

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Speaking to the media Mr Paintsil stated that the law offers the option to apply to set aside the judgment on specific grounds, such as fraud, deceit, incapacity, unsound mind, or any factor that could invalidate the agreement.He explained that the agreement might hinge on the person not being of sound mind or being induced beyond what is evident on the surface.

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Nevertheless, Mr Paintsil noted that these are narrow avenues that someone can use to challenge a court judgment.“Of course, the only other option available to him is executive intervention by the President’s prerogative of mercy. The President has power without answering to anybody to decide to pardon anybody of any criminal offense.“In Ghana, that is a very common path for highly exposed public individuals.

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The President has been using it, even though not frequently. But as a matter of law, these are the only two options open to Essien, nothing beyond that,” he added.Paintsil clarified that a person who enters into a plea bargain admits liability, and once that admission is made, the court no longer has a duty to continue with the trial. Consequently, the person is convicted based on their plea.

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Additionally, Paintsil highlighted that the law stipulates that once a person accepts a plea bargain, they forfeit the right to appeal the judgment because a plea bargain, like a consent judgment, cannot be set aside.He also commented on the impact of Ato Essien's conviction on the broader banking sector cleanup process, emphasizing its importance for the sector.

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Paintsil pointed out that Ghana's current economic crisis resulted from the government bailing out bank owners who were living extravagantly. He questioned how these ill-gotten funds could be retrieved and emphasized the need to strengthen prosecution efforts to either recover the funds or hold the culprits accountable for their actions.

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