In light of Ato Forson’s incarceration in relation to the collapse of Capital Bank, Martin Luther Kpebu, a private legal practitioner, is advocating for Mensa Otabil to face similar consequences.
Kpebu argues that there was insufficient forensic evidence presented during the prosecution of the Capital Bank collapse. He believes that the Board Chairman of the bank, Rev. Dr. Mensah Otabil, should have been summoned to court to answer questions regarding the bank’s collapse.
Kpebu asserts that the amount involved in the bank’s insolvency is so significant that it could not have occurred without the Board’s knowledge.
In the meantime, legal expert Martin Kpebu asserts that the magnitude of the sum in question is significant enough that the Chairman of the Bank, Rev. Mensah Otabil, may be unaware of it. Kpebu further highlights the demand for Rev. Otabil to be held accountable and subjected to inquiries regarding this issue. Consequently, he advocates for a fresh investigation to be initiated in order to involve Mensah Otabil in the proceedings.
“Rev. Mensah-Otabil has not been called to answer questions, it means that he’s not been to the court of law for his role [in the collapse of the bank]. So it means that we have to do another investigation,” he told Alfred Ocansey Saturday, October 14, 2023 on TV3’s The KeyPoints.
He explained that, just as the Attorney-General has delegated some of its prosecutorial powers to the Office of the Special Prosecutor (OSP), the office can equally delegate some private lawyers to undertake similar acts in such circumstances.
His reason, he indicated was that, the OSP cannot solely look into all cases that possess an element of corruption and corruption-related, and therefore requires further hands to rope in just as it happens in the United States.
“So we can delegate private lawyers who are not affiliated with the government to look into it because the voice of the people is the voice of God,” he suggested.
Recall that former Chief Executive Officer of defunct Capital Bank, Ato Essien, has been sentenced to 15 years imprisonment with hard labour due to his failure to fully pay an agreed amount of GH¢90 million to the state, despite being given multiple opportunities since December 2022.
Ato Essien pleaded guilty to 16 counts of stealing, money laundering, and conspiracy to steal, all related to his involvement in the collapse of Capital Bank. However, he entered into a plea bargain with the state under section 35(7) of the courts ACT 459. According to the agreement, Mr. Essien was required to pay GH¢90 million, of which he paid GH¢30 million on December 13.
The remaining GH¢60 million was to be paid in three equal installments in 2023: GH¢20 million by April 28, another GH¢20 million by August 31, and the final GH¢20 million by December 15. One of the conditions of the agreement was that a custodial sentence would be imposed if Mr. Essien failed to meet any of the payment deadlines.
Unfortunately, as of April 28, he had not paid the full GH¢20 million that was due. On May 2, 2023, the state filed an application to impose a custodial sentence on Ato Essien.
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