President Nana Akufo-Addo of Ghana has recently exercised his constitutional power of mercy, granting pardons to nine individuals, including William Ato Essien, the former CEO of the defunct Capital Bank. Essien had been sentenced to 15 years in prison in December 2023 for his involvement in the collapse of the bank. He was charged with stealing from a ¢620 million liquidity support fund provided by the Bank of Ghana, which was intended to help the bank manage its debts. Essien, alongside his accomplices, was accused of misappropriating the funds. He had previously been ordered to pay a sum of ¢90 million but failed to fulfill this financial obligation after making a partial payment. As a result, he was sentenced to prison. Despite this, after serving less than a year of his sentence, Essien has been granted clemency due to serious medical conditions that reportedly threaten his life. These health issues have required several surgeries, leading to the decision for his early release.
The exercise of clemency also extended to other individuals who were either serving sentences for various crimes or had already served significant portions of their sentences. Philip Akpeena Assibit, convicted for causing financial loss to the State in connection with the National Youth Employment Programme, has served six years of his 12-year sentence and requested release due to ongoing health concerns. Akwasi Alhassan, who was convicted of murder in 1993 and had been sentenced to death, also had his sentence commuted to life imprisonment after serving over three decades in prison. Other pardons included Beatrice Ofori, a 64-year-old convicted of human trafficking in 2023 and who has suffered from severe hypertension, leaving her bedridden. In addition, Frank Obeng, convicted of manslaughter in 2004 and originally sentenced to 40 years in prison, saw his sentence reduced to just 12 years. These decisions reflect the consideration of both the health and rehabilitation progress of those affected.
Several other individuals were granted pardons, including Stephen Nyarko, who has served 22 years of a 30-year sentence for conspiracy to rob and robbery, and Joseph Nana Kwaku Boateng, convicted for narcotic offenses in 2019, who will be released after serving part of his 15-year sentence. Emmanuel Adu Mensah, who was sentenced in April 2024 for possession of narcotics, is still incarcerated in Nsawam Prison, though no clemency was granted to him at this time. The President’s power to grant pardons is enshrined in Article 72(1) of the Constitution of Ghana, which allows the President to grant pardons, reduce sentences, or remit punishment for any criminal offense, whether the crime was committed before or after the Constitution came into effect. This legal power gives the President the authority to show mercy based on specific circumstances, such as health issues or long durations of imprisonment, regardless of whether the sentence was handed down during the current administration or not. The pardons granted by President Akufo-Addo highlight his use of this constitutional power in response to humanitarian concerns and the rehabilitation of convicted individuals.
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