The Attorney-General (A-G) cannot be held responsible for accepting the settlement made between the state and William Ato Essien, founder of the bankrupt Capital Bank, according to a private attorney and author.
The A-G, according to Mr. Daniel Korang, acted legally and is not culpable.
He claims that under Section 35 of the Courts Act, the accused is free to offer damages and compensation, and the Attorney General is free to accept it.
According to Mr. Korang, the A-G cannot pursue jail terms in this particular case at all costs.
The author asked the public to hold Parliament accountable for establishing such a law rather than the A-G for abiding by the law.
The general public must understand that the case in question is not a typical theft case. You will notice that Section 35 of the Courts Act does not discuss routine theft or common cases of fraud.
"It talks about a criminal offence that results in economic loss to the state, and I believe this particular element is missing in the public discourse because when someone steals a goat from a farmer or money from a community bank, this is a case of stealing but most definitely not one that results in economic loss to the state.
The rule under Section 35 is that it only applies when the crime results in economic loss to Ghana as a state.
The accused has the right to offer repatriation and compensation when a case like this is brought before a court, and it is up to the Attorney General to decide whether or not to accept that offer, so if we must criticise, we shouldn't criticise the Attorney General, the court, or Parliament for passing this law, the lawyer argued.
On Tuesday, December 13, an Accra High Court approved the terms of the agreement agreed between the government and William Ato Essien, the creator of the now-defunct Capital Bank.
This came after the court had previously rejected the proposed settlement.
Mr. Essien was accused of conspiring to commit theft, actual theft, and money laundering.
However, state prosecutors and Ato Essien's attorneys presented evidence in court on Tuesday to persuade the judge that the parameters of the settlement agreement struck by the two sides are the best possible outcome for the state.
Out of the 90 million he pledged to pay, Mr. Essien has already paid 30 million, as per the agreement.
However, certain Ghanaians and organisations have expressed their dissatisfaction with the decision made.
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