Private legal practitioner Martin Kpebu has waded into calls for the former board chair of the defunct Capital Bank, Pastor Mensa Otabil, to be prosecuted.
He thinks that the prosecution of the Capital Bank case will not be complete until Pastor Otabil faces legal action.
Mr. Kpebu says the 15-year jail term handed by the defunct bank’s former CEO, William Ato Essian, was also insufficient.
In his view, Mr Essien, as the CEO, could not have stolen the GH¢90m he was convicted of while the board chairman and board members answered no questions.
“We didn’t do enough forensic investigation into this matter. Because if you look at the monies involved, the board chairman cannot be excluded.”
“So I think we didn’t do a good investigation on the matter. This money is too colossal for us to say that the board chair does not have a question to answer,” he maintained.
However, Deputy Attorney General Alfred Tuah Yeboah commended his outfit for recovering GH¢37 million from the convict before his jail term.
Even though the Deputy AG agreed that the amount was not enough considering the total the convict was to pay, he insisted that it was better than nothing.
According to him, that was the most significant amount the State has recovered from any criminal prosecution since the Fourth Republic.
He explained that sometimes accused persons are convicted and sentenced, and after their sentences or pardon, they return to enjoy their booty at the expense of the State.
“I can say without any fear of equivocation that since the Fourth Republic, there has not been any criminal prosecution that the State has been able to recover GH¢37 million. So this is a good step because sometimes, some accused persons go to jail and return or are pardoned, and they come back to enjoy their booty, and nothing comes to the State.”
“So I agree that this is not even half of the amount, but it is better than nothing.”
The Deputy AG had earlier revealed that the State will not give up in its quest to recover the remaining GH¢53 million from the convict.
He insisted that the amount would not be forfeited for any reason as the State needed it.
Mr Tuah Yeboah said the encumbered assets of the convict would be traced and seized.
According to him, this will be done through a civil action against the convict.
Mr Ato Essien was sentenced to 15 years imprisonment with hard labour by Justice Eric Kyei Baffour.
Ato Essien’s imprisonment comes following his inability to pay fully the GH¢90m amount he was to pay to the State after agreeing to do so.
He paid GH¢30 million upfront in December 2022 and was required to pay GH¢20 million as the first instalment of the GH¢60 million outstanding amount by April 28, 2023.
But he was only able to pay ¢5 million. He was given until July 4 in May to liquidate his assets and pay the State GH¢55 million. This deadline elapsed without any payments made.
The State then submitted a request to the court, seeking a custodial sentence per the agreed terms.
The Deputy AG and Mr Martin Kpebu made the comments at a panel discussion on TV3 on Saturday, October 14.