Court dismisses Ato Essien’s application to stay proceeding

The High Court in Accra has dismissed William Ato Essien, founder of the defunct Capital Bank’s application for stay of proceedings, pending the determination of an appeal against one of its rulings.

 The court presided over by Justice Eric Kyei Baffour, a Judge of the Court of Appeal, sitting as a High Court Judge, held that the grant of the stay was discretional and that the applicant had not demonstrated any exceptional circumstance.

Mr Essien, Rev Fits gerald Odonkor, the then Managing Director of the Bank, and Tettey Nettey of MC Management Services, are standing trial over the GH¢620million offered to Capital Bank as liquidity support by the Bank of Ghana.

Justice Baffour said examining the nature of the application, the deposition in support of the application and the attachment would leave any serious court with only one choice that the application was nothing but frivolous.

He said the exhibits admitted as evidence had nothing that breached the accused person’s rights and that the claim that the appeal raised a serious arguable point of law could not be correct.

“l dismisses the application as it does not have merit,” he said.

Mr Baffuor Gyau Bonsu Ashia, counsel for MrEssien, moving the application, said the motion was filed on June 9, 2022, against the court’s own ruling.

The lawyer said two exhibits, ruling of the court and notice of appeal, have been attached to the motion, adding that the reading of the notice of appeal would show that serious legal issues to be determined by the Court of Appeal have been raised. -GNA

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