Former Deputy Attorney General, Dominic Ayine, has said that the charge of theft against William Ato Essien, CEO of the defunct Capital Bank, and three others are unfitting.

Mr Ayine, who is defence counsel for one of the accused, Kate Papafio, has therefore called for the withdrawal of the charge of theft against his client.

“You cannot steal [someone's] property with [their] consent,” Mr Ayine stated.

Ato Essien and others have been charged for allegedly stealing the sum of GHS100,000,000 and also engaging in money laundering.

The state has levelled 26 different counts of charges against the four which included Kate Quartey-Papafio and Tetteh Nettey.

The state accused William Ato Essien and Tetteh Nettey in count one, of “conspiracy to steal contrary to sections 23 (1) and 124 (1) of the Criminal Offences Act, 1960 (Act 29).”

The writ signed by Marina Appia Opare, Chief State Attorney on behalf of the Attorney General said : “William Ato Essien and Tetteh Nettey between October and November 2015 in Accra in the Greater Accra Region agreed to act together with a common purpose to steal the sum of GHc100,000,000.”

It added : “Fridzgerald Odonkor in September 2015 in Accra in the Greater Accra Region abetted William Ato Essien to dishonestly appropriate the sum of GHc5,000,000 the property of Capital Bank Limited. William Ato Essien in September 2015 in Accra in the Greater Accra Region dishonestly appropriated the sum of GHc12,000,000 the property of Capital Bank Limited.

Regarding the money laundering charge, the writ stated that: “William Ato Essien and Kate Quartey-Papafio between June and August 2017 in Accra in the Greater Accra Region disguised the sum of GHc70,000,000 knowing it to be proceeds of crime.”