Dr. John Apea, Head of Missions at the Commonwealth Enterprise and Investment Council, has publicly questioned the legality and fairness of businessman William Ato Essien’s conviction, calling for a presidential review of the case.

Speaking at a press conference in Accra last week, Dr. Apea presented what he described as “new and overlooked evidence” that casts doubt on the basis for the former Capital Bank founder’s imprisonment.

Mr. Essien, currently serving a custodial sentence, was convicted in 2022 over the collapse of Capital Bank and for the alleged misappropriation of GH¢90 million in liquidity support provided by the Bank of Ghana. But Dr. Apea contends that the narrative surrounding the conviction is flawed and incomplete.

“The 90 million cedis everyone refers to includes a GH¢ 27.5 million finder’s fee that was legally earned, plus a punitive 300 percent markup,” Dr. Apea said. “There was no theft. What happened was a commercial transaction. The bank received a loan—not a grant—and it was being repaid monthly without default until its license was revoked.”

According to Dr. Apea, Capital Bank had repaid GH¢308 million out of the loan before the Bank of Ghana shut it down. Mr. Essien, he explained, facilitated access to the liquidity support and was paid a commission for his role—what Apea likened to a standard “agent’s fee.” “Everyone who has ever used mobile money knows the agent gets a small fee. That’s what this was. He didn’t embezzle state funds,” he argued.

Dr. Apea also questioned the legal coherence of the conviction, noting that the Managing Director who approved the GH¢27.5 million payment was acquitted, yet Mr. Essien remains in prison for receiving that same amount. “If the person who made the payment has been cleared, how can the recipient be convicted for taking it?” he asked.

The press conference also served as the launch of a broader advocacy campaign. Dr. Apea said a petition demanding Mr. Essien’s release will be presented to President John Mahama and will include signatures representing each day Essien has spent behind bars. “That’s over 630 days and counting,” he noted.

“This is not political. It’s not even personal,” Dr. Apea insisted, revealing that he had no prior relationship with Mr. Essien before the case. “My interest stems from both my role in promoting investment and in human rights. The destruction of a business and the lack of clarity around this case should concern us all.”

The press event comes amid growing public scrutiny over the treatment of white-collar financial cases in Ghana’s banking cleanup, with critics warning of selective enforcement and insufficient transparency.

Legal experts have so far been cautious in responding to Dr. Apea’s claims. However, his remarks could rekindle debate about the broader legal and regulatory framework used during the financial sector reforms, especially regarding how liquidity support was structured and monitored. Responding to a question on what next steps the advocacy group would take, Dr. Apea said they would continue to push until Mr. Essien “sees his family again.”

He also announced plans to launch a pan-Commonwealth digital platform where individuals who believe they have been wrongfully convicted can submit their cases for review by a team of pro bono lawyers. Mr. Essien, who is reportedly in poor health and confined to a wheelchair, remains incarcerated.

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