The High Court in Accra has dismissed an application filed by lawyers of Ato Essien for the court to set aside any proceedings leading to the imposition of custodial sentence on the former CEO of the defunct Capital bank and give leave for further negotiations on the terms of payment.

The lawyers moved the application when the state was set to argue its case on why Ato Essien should be jailed for not meeting the terms of repaying the GH¢60 million owed to the state.

Thaddeus Sory who represented the convict, argued that any custodial sentence imposed on his client will defeat the purpose of section 35(7) of the Courts Act which formed the basis upon which the agreement was signed.

He further argued that the Judge has the power to make any orders to suspend the proceedings for imposition of a custodial sentence as it concerns the implementation of a judgment of the court.

The state however opposed the application on grounds that the section relied upon does not in any way give discretion to the court to vary the terms of the agreement nor is the state interested in renegotiating the deal.

The Judge, Justice Eric Kyei Baffour after considering the application dismissed it without merit.

The case has been adjourned to May 17 for the court to hear the state’s application for jailing Ato Essien.