A formal petition has been submitted to President of the Republic of Ghana, requesting a presidential pardon for William Ato Essien, the founder of Capital Bank. The petition, signed by Andrew Appiah-Danquah Esq., cites concerns over fairness, justice, and the integrity of Ghana’s legal system in the handling of Essien’s case.
Addressed through the Minister of Justice and Attorney General, the petition invokes Article 72 of the 1992 Constitution, which grants the President the power to extend clemency. It argues that Essien’s conviction and imprisonment were unjust, and his continued incarceration contradicts the principles of justice.
Read full Petition Below:
Petition For Presidential Pardon: William Ato Essien
To: His Excellency, The President of the Republic of Ghana
Jubilee House, Accra
Through:
The Minister of Justice and Attorney General
Ministry of Justice and Attorney General’s Department
Accra
27-02-2025
Subject: Petition for the Grant of Presidential Pardon to William Ato Essien
Your Excellency,
We, the undersigned, respectfully invoke your constitutional prerogative under Article 72 of the 1992 Constitution of Ghana to grant clemency to Mr. William Ato Essien, a Ghanaian entrepreneur whose conviction and imprisonment raise serious concerns about fairness, justice, and the integrity of our legal system.
Facts Supporting the Petition
- A Visionary Entrepreneur’s Contribution to Ghana
* Mr. Ato Essien is the founder of First Capital Plus, a financial institution that evolved into Capital Bank, one of Ghana’s most promising indigenous banks.
* His leadership and innovation provided thousands of jobs, supported local businesses, and empowered Ghanaian entrepreneurs, proving that local enterprises could thrive in a competitive financial sector.
- The Unjust Collapse of Capital Bank
* Capital Bank’s collapse in 2017 was not due to fraud but a politically orchestrated move to consolidate financial power.
* Mr. Essien refused to bow to political pressure to cede control of his bank to powerful interests, which ultimately led to its targeted demise.
- The GH₵ 620 Million Liquidity Support Was a Commercial Loan, Not a Fraud
* The GH₵ 620 million from the Bank of Ghana was not a gift or free money, but a commercial liquidity support facility, a standard banking practice used worldwide.
* Capital Bank was repaying this loan and had already paid GH₵ 336 million in interest over two years—clear evidence that it was a legitimate banking transaction.
- The GH₵ 480 Million “Shareholder Loan” Misrepresentation
* The GH₵ 480 million described as a “shareholder loan” was not stolen but rather a strategic restructuring of non-performing loans accumulated over 14 years.
* Such restructuring is a common financial practice aimed at strengthening a bank’s financial position and was not an act of fraud.
- The Court’s Acquittal of Others Contradicts Ato Essien’s Conviction
* Three other accused persons—Dr. Tetteh Nettey, Rev. Fitzgerald Odonkor, and Kate Quartey-Papafio—were acquitted on the same charges for which Mr. Essien was convicted.
* The court held that:
* The GH₵ 70 million transaction involving Kate Quartey-Papafio was fully accounted for.
* The GH₵ 130 million transaction involving Dr. Tetteh Nettey was fully accounted for.
* The GH₵ 27.5 million transaction involving Rev. Fitzgerald Odonkor was legal and authorized.
* If these transactions were legitimate, then why is Mr. Ato Essien in prison at all?
- The Failure of the State to Review His Conviction
* When the court determined that the payments forming the basis of the charges were lawful, the state had an obligation to review Mr. Essien’s conviction and ensure justice was served.
* Instead, despite these findings, Mr. Essien remains incarcerated, raising serious questions about selective justice.
- A Violation of the Presidential Oath and Ghana’s Core Ideals
* Your Excellency, when you took the Presidential Oath, you swore to be faithful and loyal to Ghana.
* This oath is not just a formality; it is a solemn commitment to uphold the ideals upon which Ghana was founded.
* Chief among these ideals is the creation of a society rooted in freedom and justice.
* The continued incarceration of Mr. Essien, despite the court’s findings that the transactions at the heart of his case were lawful, undermines these fundamental values.
* In the spirit of freedom and justice, the state was duty-bound to re-evaluate his conviction and acquit him.
- The Coercion of Mr. Essien into an Unfair Plea Bargain
* To avoid a prolonged trial, Mr. Essien was pressured into a plea bargain, agreeing to pay GH₵ 90 million—an amount significantly higher than the alleged loss.
* He has already paid GH₵ 43.75 million, yet he remains incarcerated.
* It is unjust that a man who has gone beyond the terms of restitution
continues to be imprisoned.
Our Humble Prayer
- Grant of Presidential Pardon
* In light of the above, we respectfully request that Your Excellency exercises your constitutional discretion to grant a Presidential Pardon to Mr. William Ato Essien.
- A Call for Justice and the Protection of Ghanaian Entrepreneurs
* The continued incarceration of Mr. Essien is not just an injustice to him but a threat to all Ghanaian entrepreneurs who seek to build and grow businesses in good faith.
* We must ensure that justice is not weaponized against individuals who challenge political interests.
- A Restoration of Confidence in the Rule of Law
* This petition is not just about one man but about restoring public confidence in our justice system.
* Ghana must send a clear message that justice is impartial, non-selective, and aligned with truth.
- A Plea for Reconciliation and National Progress
* Mr. Essien, if reintegrated into society, can contribute meaningfully to Ghana’s economic recovery and growth.
* Extending clemency to him will be a symbol of national unity, reconciliation, and fairness.
Conclusion
Your Excellency, the Reset Agenda that you have promised, which has received the overwhelming endorsement of the Ghanaian people, will not be complete unless it leads to the total reset of all acts of injustice perpetrated under the erstwhile regime.
The greatest injustice of all is the persecution of William Ato Essien and the unlawful collapse of Capital Bank.
If this new era is truly about rebuilding Ghana on the foundations of fairness, integrity, and justice, then it must begin with righting the wrongs of the past.
Granting a Presidential Pardon to Ato Essien will not only restore justice but will also affirm your commitment to a truly new Ghana—one where freedom and justice are not just words, but lived realities.
Your Excellency, history is watching. The people of Ghana are watching. The time to act is now.
Respectfully submitted,
Andrew Appiah-Danquah Esq.
MagidCc: Attorney General and Minister Of Justice
