Capital Bank: Receiver of defunct Banks misled court
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All along, one name synonymous with the collapse of some local nine banks- UT Bank, Capital Bank, Sovereign, Unibank, Construction Bank, The Royal Bank, Heritage Bank, Premium Bank and Beige Bank- in Ghana, is Receiver Vish Ashiagbor.

 Apparently, the said Vish Ashiagbor it is not his true identity of the Receiver.

This was made known at an Accra High Court (Financial Division) that is trying the founder and president of defunct Capital Bank, Mr William Ato Essien and three others – Tetteh Nettey, Fitzgerald Odonkor and Kate Quartey-Papafio.

The court, which was presided over by Court of Appeal Judge sitting as additional judge of the High Court, Justice Eric Kyei Baffour, was told it has been misled by the witness who all this while has identified himself as Vish Ashiagbor.

 Defence counsel for Mr Nettey (Second Accused person [A2]), Godwin Edudzi Tamakloe told the court that witness Vish Ashiagbor had not been honest with it and that Vish is not the name he is identified with and that his rather Wyczynsky.     

The Receiver admitted to the claims that he bears the name Wyczynsky Ashiaghor.

For the court to be made aware of the Receiver’s true identity, Mr Tamakloe asked: Mr Ashiaghor, would you be kind enough to give your full name again to this honourable Court? 

Receiver: My name is Vish Ashingbor.  

Q: Is your first name registered in official documentation? 

A: I am not sure I understand the question. 

Q: You told this Court a little while ago that your full name is Vish Ashlagbor? 

A: Yes, is Wyczynsky Ashiagbor. 

Q: So your name “Vish” is not registered in official documents, I am suggesting that to you?

A: My Lord, that is true. 

Q: So when you tell this honourable Court that your first name is Vish, you are misleading the Court. I am suggesting to you? 

A: I will disagree because, that is how I am known, referred to and called over the years. 

Q: If I went to the Registrar-General’s office and conducted a search with your name “Vish”, there will not be any record of any such name. I am suggesting to you?

A: My Lord, that is correct. 

Q: The name at the Registrar-General’s office is rather Wyczynsky, which you mentioned a while ago? 

A: That is correct. 

Q: So Mr Ashiagbor, I am suggesting to you, that when the Bank of Ghana appointed you purportedly with the name of Vish Ashiagbor, the Bank of Ghana was appointing someone who is unknown in official documentation as a Receiver for the entire exercise? 

A: My Lord, again I will disagree because, as I said previously, that is the name by which I am known and I have been called for years.

Q: Mr Ashiagbor, from the time you were appointed purportedly as the Receiver, and throughout the period of your examination in-chief as well as your cross-examination this far, you have produced document by way of a statutory declaration of an affidavit suggesting of your claim that your name Wyczynsky is the same as Vish. You have not? 

A: That is correct. 

Q: So when I said that the use of your name Vish in this exercise and in Court is misleading, that is a statement of fact? 

A: My Lord, I disagree when he says it is misleading, because I explained that, that is how I am known called and referred to. So, I don’t believe there is any misleading here. 

Q: None of your official certificates, I am suggesting to you, bears the name of Vish? 

A: My Lord, I am not sure what counsel means by official certificates.  But, some certificates do, others don’t. 

The Receiver was accused of acting in Conflict of interest

Q: In your witness statement, in paragraph 3 thereof which is in evidence, you indicated there, that your appointment arose pursuant to section 123 of the Banks and Specialized Deposit-Taking Institutions Act? 

A: Yes my Lord.        

Q: And, in paragraph 3 thereof, you also did say, that you were appointed pursuant to section 123(2) of Act 930 together with one Eric Nana Nipa, both Directors of Price Waterhouse Coopers Ghana Limited as Joint Receivers for purposes of winding up the … of Capital Bank. Is that the case? 

A: Yes my Lord. 

Q: Would you recollect, Mr. Ashingbor, what section 123(2) of Act 930 actually says” 

A: My Lord, I need to make a reference. 

Act 930 given to the witness. 

After reading, he was asked “In this vein, Mr Ashiagbor, would you please tell this honourable Court if the Bank of Ghana did appoint a Receiver? 

A: Yes, I believe so. 

Q: You see, by your paragraph 3, I’m suggesting to you, that the Bank of Ghana appointed two Receivers yourself and Eric Nana Nipa? 

A: We were appointed as Joint Receivers.

By Akutu Dede Adimer