In consonance with Article 78(1) of the 1992 Constitution of Ghana, the President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo has written to the Council of State informing them of his intent to grant presidential pardon to 11 individuals including William Ato Essien, the former Chief Executive Officer of the now-defunct Capital Bank.

This pardon, which comes as part of a broader clemency initiative, was communicated in a letter dated December 31, 2024, marking the end of the year with a gesture of leniency and reconciliation.

Ato Forson and two other accomplices were charged with 23 counts of conspiracy, stealing from the ¢620 million liquidity support given to the bank by the Bank of Ghana (BoG), to enable it to service its maturing debt.

He was initially sentenced to pay GHS 90 million but defaulted after part of the amount was paid.

He earlier paid ¢30 million upfront and was required to pay ¢20 million as the first instalment of the ¢60 million outstanding amount by April 28, 2023. This was in the criminal case filed against him following the collapse of the bank.

Following his inability to fully pay the said amount back to the State after agreeing to do so, he was handed the sentence.

Following backlash on social media since the letter went public, the office of the President has in a statement denied granting any such pardons.

The individuals who were listed for pardon however include:

1. Akwasi Alhassan

He was convicted of murder and sentenced to death on 19. March, 1993. He has been in prison since then (31 years). He is now serving life imprisonment per presidential order.

2. Beatrice Ofori

She was convicted of human trafficking on 6. June 2023 for 8 years with hard labour. She is currently 64 years old and is seriously hypertensive. This has affected both legs, leading to her inability to move freely. She spends most of her time in the prison infirmary.

3. William Ato Essien

He was convicted for his role in the collapse of Capital Bank and sentenced to pay GHS90 million. He defaulted after paying part of the money. He was sentenced to 15 years in prison in December 2023. He is suffering from severe life-threatening medical conditions and has undergone multiple surgeries as a result.

4. Frank Obeng

He was convicted of manslaughter and sentenced to 40 years in prison. He is currently serving his sentence in Nsawam Prison. His sentence is proposed to be reduced from 40 to 12 years.

5. Stephen Nyarko

He was convicted of conspiracy to rob and robbery in December 2010 and sentenced to 30 years. He has served 22 years in total, including time spent in remand.

6. Philip Akpeena Assibit

He was sentenced to 12 years in prison in 2018 for willfully causing financial loss to the State related to his role at the National Youth Employment Programme. He has served 6 years in prison, He has pleaded to be released on the grounds of ill health.

7. Osman Inusah

He was convicted of conspiracy to commit robbery even though he was found not guilty of armed robbery. A petition submitted on his behalf states that he has mental health challenges, which need to be treated and managed at home.

8. Joseph Nana Kwaku Boateng

He was convicted for attempted export and possession of a narcotic substance on 28th May 2019 and sentenced to 15 years. He has served 8 years in total including five spent in remand.

9. Emmanuel Adu Mensah

He was convicted of possession of narcotics and sentenced to a prison term of 15 years in April 2024. He is currently serving his prison term in Nsawam Prison.

10. Kwame Twum Ampofo

He was convicted of possession of narcotics and sentenced to a prison term of 10 years in April 2024. He is currently serving his prison term in Nsawam Prison.

11. Alexander Andrew Nii Lante Lawson

He was convicted of stealing and sentenced to a prison term of 5 years with hard labour and ordered to refund an amount of GHC 532, 193.26 on 5th November 2021. He has served 3 years in prison. His health has deteriorated significantly while he has been in prison, and he is dependent on medication.

The Constitution of Ghana grants the President the power to grant a prerogative of mercy to convicts as per Article 72(1).

Article 72(1) reads;

(1) The President may, acting in consultation with the Council of State—

(a) grant to a person convicted of an offence a pardon either free or subject to lawful conditions; or

(b) grant to a person a respite, either indefinite or for a specified period, from the execution of punishment imposed on him for an offence; or

(c) substitute a less severe form of punishment for a punishment imposed on a person for an offence; or

(d) remit the whole or part of a punishment imposed on a person or of a penalty or forfeiture otherwise due to Government on account of any offence.