Attorney General and Minister of Justice Godfred Yeboah Dame has revealed plans to appeal Aisha Huang’s sentence.
It will be recalled that Chinese’ Galamsey Queen’ En Huang, popularly known as Aisha Huang, was found guilty of mining-related offences.
She was convicted and sentenced to four years and six months in prison by an Accra High Court following her return to Ghana and alleged involvement in illegal mining.
Additionally, she has been fined GH¢48,000 and will be deported after serving her jail term.
However, the Attorney General is contesting the court’s decision to apply Act 900, which carries a maximum sentence of five years.
In a statement issued on Tuesday, Mr Dame commended the efficiency of the justice delivery system in Aisha Huang’s trial but expressed the need to appeal the decision for the application of the updated sentencing regime.
“Whilst applauding the efficiency of the justice delivery system witnessed in the trial of Aisha Huang, the Attorney-General will, however, test the soundness of the decision of the trial court to punish the accused person under Act 900 by filing an appeal at the Court of Appeal, against the sentence in order to ensure that the new sentencing regime imposed by Act 995 is applied to the accused person,” he said.
Addressing the controversies regarding the four and half years jail term, the AG explained that “the legislation in place at the time Aisha Huang committed the offences of undertaking a mining operation without a licence and facilitating the participation of persons engaged in a mining operation without a licence (February 2015 – May, 2017), was the Minerals and Mining (Amendment) Act, 2015 (Act 900), which mandated a fine of not more than three thousand penalty units or to a term of imprisonment of not more than five years or to both”.
He stressed that the trial judge thus considered the fact that the accused had already spent more than one year in custody and sentenced her in the manner stated above.
The Minerals and Mining (Amendment) Act, 2019 (Act 995), which had not been passed at the time Aisha Huang committed the offence, imposes a punishment of a minimum of 20 years in prison for a non-Ghanaian together with a fine of between one hundred thousand penalty units and three hundred and fifty thousand penalty units.
In conclusion, Mr Dame urged caution in public commentary on the case, stressing the need to avoid comments that may undermine the fight against illegal mining (galamsey) and the efficient administration of justice.
Below is the statement to that effect.