Ato Essien seeks changes to appeal against 15-year jail term

The founder of the defunct Capital Bank, William Ato Essien, has returned to the Court of Appeal with an application seeking permission to amend aspects of his appeal against the 15-year prison sentence imposed on him over offences connected to the collapse of the bank.

The application, filed on October 5, 2026, seeks to revise some of the grounds upon which the former banking executive is challenging his conviction and sentence.

The motion was brought under Rules 7 and 38 of the Court of Appeal Rules, 1997 (C.I. 19), as well as the inherent jurisdiction of the appellate court.

When the matter came up for hearing on Wednesday, October 14, 2026, a three-member panel of the Court of Appeal adjourned proceedings indefinitely to allow the prosecution to be formally served with the application and given an opportunity to respond.

Ato Essien was personally present in court during the proceedings.

Background to the 15-year sentence

The appeal arises from a decision of the High Court, which sentenced the former Capital Bank boss to 15 years' imprisonment after he failed to fulfil the terms of a repayment agreement reached with the Republic.

Ato Essien had pleaded guilty to 16 criminal charges involving conspiracy to steal, stealing and money laundering.

Following his guilty plea in December 2022, the High Court, presided over by Justice Eric Kyei Baffour, accepted an agreement under which he was required to refund GH¢90 million to the State.

At the time, he had already made an initial payment of GH¢30 million, leaving GH¢60 million to be settled through three instalments.

However, the arrangement encountered difficulties when he failed to meet the April 28, 2023, deadline for the first instalment of GH¢20 million.

The State subsequently applied to the court in May 2023 for a custodial sentence to be imposed, citing his failure to comply with the agreed payment terms.

By October 2023, Ato Essien had reportedly refunded GH¢37 million out of the total GH¢90 million, leaving an outstanding balance of GH¢53 million.

Court rejects plea for more time

During proceedings on the State's application, Senior State Attorney Joshua Sackey argued that the former banking executive had repeatedly failed to honour the repayment arrangement despite being afforded opportunities to do so.

The prosecution relied on Section 35(7) of the Courts Act, 1993 (Act 459), in seeking the imposition of a custodial sentence.

Lawyers for Ato Essien opposed the application, maintaining that imprisonment was premature and that their client should be given additional time to raise the outstanding amount.

His legal team argued that he had demonstrated a willingness to honour the agreement by refunding GH¢37 million, representing more than one-third of the total amount.

They also drew the court's attention to the financial difficulties he had encountered following the revocation of Capital Bank's licence and the restrictions on his movement arising from the surrender of his passport.

Counsel consequently requested a six-month extension to enable him to mobilise funds to settle the outstanding debt.

The High Court, however, rejected the arguments and imposed various prison sentences on the 16 counts, including a 15-year term for stealing.

The sentences were ordered to run concurrently.

In arriving at its decision, the court considered the nature of the offences, the circumstances surrounding their commission, their impact on society and the amount already refunded by Ato Essien.

Earlier bail decision

Following his imprisonment, Ato Essien pursued legal steps to challenge the sentence and secure his temporary release pending appeal.

An initial application for bail before the High Court was dismissed in February 2025.

His lawyers subsequently approached the Court of Appeal, which granted him bail pending appeal on July 30, 2025.

The appellate court fixed bail at GH¢10 million with two sureties and directed him to deposit his passport at the court's registry.

Appeal proceedings continue

The latest application represents another step in Ato Essien's challenge to the High Court's decision.

The Court of Appeal has yet to determine the merits of his appeal, and the proposed amendments to his grounds of appeal remain subject to the court's consideration.

Proceedings are expected to resume after the prosecution has been served and afforded an opportunity to respond to the application.