The charges include conspiracy to undertake mining operations without a license, violating Section 23(1) of the Criminal Offences Act, 1960 (Act 29), and Section 99(2)(a) of the Minerals and Mining Act, 2006 (Act 703), as amended by Act 995 of 2019.

The First Accused, Li Wei Guo, has been charged with false representation in obtaining a work permit, contrary to Section 52(1)(e) of the Immigration Act, 2000 (Act 573).

Meanwhile, Shi Mei Zhi and Nana Kwame Opoku, the Second and Third Accused, face similar charges for obtaining residence permits through false representation under the same section of the Immigration Act.

Additionally, the Third Accused, Nana Kwame Opoku, has been charged with facilitating the participation of non-Ghanaians in illegal mining activities, contrary to Section 99(5)(b) of the Minerals and Mining Act, 2006 (Act 703), as amended.

The charges stem from investigations initiated on September 14, 2022, following intelligence from the Ministry of National Security in Kumasi.

Reports indicated that the First and Second Accused were involved in illegal mining activities.

Law enforcement officials apprehended the suspects at their residence in Paraku Estates, near Daaban, in the Ashanti Region. Subsequent investigations uncovered their involvement in activities that breached both mining and immigration laws.

The cross-examination of the Second Accused concluded on November 13, with the Third Accused beginning his defense on November 14.

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According to him, the sentence handed to a known illegal mining kingpin, Aisha Huang, shows that the country is not serious about ending the menace.

“I think the Aisha Huang case and the conviction and the sentence is another vivid demonstration of our lack of commitment in fighting this canker. The first arrest of Aisha Huang was under a legal regime that imposed or criminalised illegal mining and imposed a sentence that was higher than four and half years,” he said.

He made these comments at the “JoyNews National Dialogue of Illegal Mining” on December 4.

Mr Fuseini, who was once the Minister of Lands and Natural Resources was reacting to an Accra High Court verdict where the ‘galamsey queen’ was sentenced to four and a half years in prison, in addition to a fine of GH₵48,000.

The Chinese national, also known as En Huang, was standing trial for undertaking a mining operation without a licence, facilitating the participation of persons engaged in mining operations, the illegal employment of foreigners, and entering Ghana while prohibited from re-entry.

On the back of this, the former Minister stressed that during his time at the Ministry of Lands and Natural Resources, it was realised that the sentencing regime was minimal and not deterrent enough. Therefore, something needed to do something about it, for which reason the law was amended.

Hence, the court’s decision to use the old mining regime was not a good signal, he argued.

“We seemed to be suggesting that this canker can be tolerated.”

Again, he added that globally environmental crimes are crimes against humanity and therefore cannot be justified based on the exploitation of minerals.

He justified his claim with a video of a woman who gave birth to a stillborn child due the negative impact of living in an illegal mining community.

Mr Fuseini emphasised that “we must all leave here [JoyNews National Dialogue] knowing and accepting that until something is done to bring a solution, we are all moving towards extinction.”

He said the canker was attacking our very existence and economy, as well as exposing the country to dangers that cannot be quantified.

The former legislator added that clearly, there was a bigger problem that must be confronted with the same determination other countries had demonstrated.

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According to him, Miss Huang was prosecuted for her involvement in illegal mining operations between 2015 and 2017, by which time the amended law had not been passed.

The Deputy Attorney General emphasised that there was no evidence of her engagement in illegal mining after her return to Ghana in 2022, following her initial deportation in 2018.

“When we arrested her last year [2022], there was no evidence that when she came back to Ghana, she committed illegal mining offenses. We probed into it and we didn’t find any evidence. If there had been, it would have been another matter,” he said.

Mr Tuah-Yeboah’s explanation comes after a section of Ghanaians questioned why the Chinese national was jailed for four and a half years and fined GH₵48,000.

To some, the punishment is undeserving, considering the extent of damage the ‘galamsey’ queen’s operations did to the country’s vegetation cover.

However, speaking on JoyNews’ PM Express on Monday, the Deputy Attorney General explained that the case relied heavily on evidence collected between 2015 and 2017.

He noted that the prosecution’s case was supported by several testimonies including those from local farmers who asserted that Miss Huang had negotiated with them to use their land for illegal mining.

Mr Tuah-Yeboah also commended the Ghana Immigration Service for playing a pivotal role, as they had arrested the illegal mining kingpin in 2018 before her deportation.

“The law is about evidence and not speculation. Aisha Huang’s case was prosecuted based on the evidence that we had between 2015 and 2017. Nothing more, nothing less,” Tuah-Yeboah reiterated.

Responding to questions as to why the new law and its punishment were not utilized in sentencing Miss Huang, the Deputy Attorney General clarified that the judge had applied the appropriate sentencing guidelines.

He noted that since the Chinese national committed the crimes under the old law, the judge adhered to the maximum punishment stipulated by the previous legislation.

“If you have a new law that has reduced the punishment under the old law, use it. But if the old law is lesser than the new law, use the old law; that is the law,” Tuah-Yeboah explained.

He expressed the AG office’s desire for a harsher sentence, citing the minimum sentencing guidelines for foreign nationals, but reiterated that the judge had followed constitutional provisions and the interpretation act.

The Amended Minerals and Mining Act in addition to enhancing the penalties for illegal mining, explicitly criminalises aiding and abetting illegal mining activities and the use of other equipment for mining in water bodies.

It also prescribes a minimum sentence of 15 years, and maximum of 25 years for foreigners engaged in illegal mining, who shall be deported after serving their sentence.

21 illegal miners jailed

Already, some Ghanaians have been jailed under the amended law. In October 2023, twenty-one Ghanaians were sentenced to a total of 340 years imprisonment by the Tarkwa Circuit Court for illegal mining in five different sites in the Western Region.

Apart from the jail terms, the court presided over by Hathia Ama Manu, also imposed a fine of GH¢120,000 on each of the 21 convicts, totalling GH¢2.52 million.

The convicts were sentenced separately in five different cases with various prison terms of between 15 years and 20 years for engaging in illegal mining, contrary to Section 99 of the Minerals and Mining (Amendment) Act, 2019 (Act 995).

They had pleaded not guilty to engaging in illegal mining, but the court found them guilty after it held that the prosecution, spearheaded by the Attorney-General’s Office in Sekondi, proved its case beyond reasonable doubt to establish their guilt.

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At the court, the defense counsel and the prosecution informed the court that they had filed their written addresses before the court.

Aisha Huang is standing trial for undertaking illegal mining operations without license, facilitating the participation of persons in illegal mining unlawfully and re-entering Ghana after her deportation.

Aisha has denied the charges and is in prison custody. The case of the State is that the complainants are security and intelligence officers.

The prosecution said Aisha had gained “notoriety” for engaging in series of small-scale mining activities known as ‘galamsey’ across the country.

It said in the year 2017, Aisha was arrested for a similar offence, but she managed to sneak out of the country, averting prosecution and had allegedly commenced small-scale mining activities without license after she re-entered the country.

This was revealed by the Accra High Court on Thursday, October 12.

The Chinese national is standing trial for undertaking a mining operation without a licence, facilitating the participation of persons engaged in mining operation, the illegal employment of foreigners and entering Ghana while prohibited from re-entry.

But Aisha Huang insists she has never been involved in illegal mining.

Meanwhile, state prosecutors have vehemently opposed the claim.

Both parties have now closed their cases and judgment is now expected to be delivered on December 4.

Already, Attorney General, Godfred Yeboah Dame is confident of a good judgment.

According to him, any identified kingpin who is arrested over illegal mining will be put before the court.

The state has filed its closing submission and the Attorney General is confident the outcome will serve as a deterrent for those engaging in the illegal trade.

“All along there has been the intervention of this major Chinese kingpin behind ‘galamsey’ operations in Ghana – Aisha Huang. Aisha Huang is being prosecuted, indeed the prosecution has come to an end.

“We concluded the prosecution in July …. so we expect judgment to be delivered in the Aisha Huang matter. So that clearly indicates that any kingpin identified and arrested will be put through trial,” he said.

En ‘Aisha’ Huang, has been accused of being in the thick of affairs of galamsey, especially in the Ashanti region.

She was deported from Ghana in 2018 after the Attorney-General decided to discontinue her trial in which she was accused of engaging in small-scale mining without a licence.

However, she was said to have sneaked back into Ghana to allegedly engage in the same activities for which she was deported.

The A-G, Godfred Yeboah Dame, then decided to prosecute her for the alleged crimes before her deportation and new ones committed since her re-entry into Ghana.

It is the case of the prosecution that Aisha had an illegal mining concession at Bepotenten in the Amansie West District in the Ashanti Region and also operated a mining support services company.

She has pleaded not guilty to undertaking a mining operation without a licence, facilitating the participation of persons engaged in mining operation, the illegal employment of foreigners and entering Ghana while prohibited from re-entry.

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Giving an update on the case on Asempa FM’s Ekosii Sen programme Wednesday, Mr Dame said the state has already filed its closing submission.

In this regard, the Attorney General indicated the court, barring any last-minute event, will give its judgment on Thursday, October 12, 2023.

“If we are lucky, the court will give its judgment tomorrow because we are done with the case.
We have filed everything, and the case is ready for judgment, then we will know the fate of Aisha Huang,” he stated.

The Attorney General expressed confidence that the outcome of the case will serve as a deterrent to those engaging in illegal mining.

He further expressed the commitment of the Akufo-Addo-led government to fight against the galamsey menace which has deprived the nation of its numerous waterbodies.

“Aisha Huang started her activities between 2014 and 2015, but the NDC couldn’t arrest or prosecute her. Now, we have arrested her and she has been in custody since, so that shows we are committing to the fight.

There are about 120 galamsey cases involving about 800 people also ongoing in various parts of the country,” he added.

The Chinese national is standing trial for undertaking a mining operation without a licence, facilitating the participation of persons engaged in a mining operation, the illegal employment of foreigners and entering Ghana while prohibited from re-entry.

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He made this statement ahead of Thursday’s decision in the case of Chinese national En Huang, also known as Aisha Huang, by an Accra Circuit Court.

The Chinese national is standing trial for undertaking a mining operation without a licence, facilitating the participation of persons engaged in a mining operation, the illegal employment of foreigners and entering Ghana while prohibited from re-entry.

The state has already filed its closing submission and the Attorney General is confident the outcome will serve as a deterrent for those engaging in the illegal trade.

“All along there has been the intervention of this major Chinese kingpin behind ‘galamsey’ operations in Ghana – Aisha Huang. Aisha Huang is being prosecuted, indeed the prosecution has come to an end.

“We concluded the prosecution in July and…the court has fixed 12th October for judgement. So we expect judgment to be delivered in the Aisha Huang matter. So that clearly indicates that any kingpin identified and arrested will be put through trial,” he said.

En ‘Aisha’ Huang, has been accused of being in the thick of affairs of galamsey, especially in the Ashanti Region.

She was deported from Ghana in 2018 after the Attorney-General decided to discontinue her trial in which she was accused of engaging in small-scale mining without a licence.

However, she was said to have sneaked back into Ghana to allegedly engage in the same activities for which she was deported.

The A-G, Godfred Yeboah Dame, then decided to prosecute her for the alleged crimes before her deportation and new ones committed since her re-entry into Ghana.

It is the case of the prosecution that Aisha had an illegal mining concession at Bepotenten in the Amansie West District in the Ashanti Region and also operated a mining support services company.

She has pleaded not guilty to undertaking a mining operation without a licence, facilitating the participation of persons engaged in a mining operation, the illegal employment of foreigners and entering Ghana while prohibited from re-entry.

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According to her, there is a lot of “fake news” about her marriage life “so it makes me worried that the prosecution was asking questions about it.”

The Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, during her cross-examination of the accused, had asked her to tell the court which other Ghanaian men aside from Anthony Fabian she was married to.

The DPP, prior to that, had confronted the accused with documents from the Comptroller-General of the Ghana Immigration Service indicating that the said Anthony Fabian who the accused claimed to have married in 2009 in China does not exist in any database in Ghana.

“I put it to you that there are no records at all in the entire database of Ghana passport office on any passport having been issued to anyone called Anthony Fabian,”the prosecutor pushed.

Aisha Huang, in her response, said, “I can’t confirm this. And I don’t think it is something I must know from the office.”

The DPP then asked the accused, “Apart from the so-called Anthony Fabian, which other Ghanaians did you marry?”

“I want to find out if it is possible not to answer this question. Besides, there are a lot of fake news about my marriage life so it makes me worried,” the accused responded.

The prosecutor then showed the accused a document and asked her to tell the court who Amoah Prince Kenneth is, and Aisha said “This person has not been implicated in this matter.”

Justice Lydia Osei Marfo, the presiding judge, ordered her to answer the question, indicating that “when a document has been tendered in court you must answer questions. Tell the court who is on the form.”

The accused then told the court that the said Amoah Prince was her partner, but told the court she was not the one who listed him as her partner on the application form although she admitted providing that information to the person who filled the form.

Mrs Obuobisa then asked Aisha Huang to tell the court who Daniel Oduro Acheampong is, and the accused said, “I can’t recollect any name like that.”

“Did you ever get married to one Daniel Oduro Acheampong at Akim Oda?” the prosecutor asked and the accused said she did not.

“I put it to you that you contracted another marriage with Daniel Oduro Acheampong on July 8, 2018, which was witnessed by one Shi Yumein,” the DPP stated. Aisha denied this too.

She was then shown a marriage certificate for the said marriage, but the accused told the court it is not her signature.

The DPP, in closing her cross-examination, put it to Aisha that between February 2015 and May 2017 though she did not have a licence to engage in mining, she undertook mining operation at Bepotenten in the Amansie Central District of the Ashanti Region.

The accused denied it and said, “I have never engaged in mining activity and I have never gone to the place counsel is mentioning.”

Meanwhile, the court has ordered the prosecution to file its written address on or before September 20, 2023, while defence counsel is to file by October 11.

The case was adjourned to October 12, 2023, for a date for judgment but Aisha Huang would be brought to court on August 16 for the case to be mentioned.

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This was after Aisha Huang broke down when Director of Public Prosecution, Yvonne Attakorah Obuobisa put it to the Chinese National that she purposely re-entered Ghana despite knowing she couldn’t do so without the consent of the Comptroller General after she was repatriated for illegal mining offenses.

Aisha Huang had earlier told the court that she was not informed when she could return to the country after she was repatriated so she decided to come back after staying in China for a number of years.

With tears welling up in her eyes, she began to cry hysterically in open court but was cut short by Justice Osei Marfo.

“Stop the interjection with the tears. It doesn’t do anything to me. The question is harmless, just answer and go. Today should be the last time you’re crying in my court.

“If you want to cry, cry in prison before you come to my court. If she cries again it is deliberate. So I don’t expect her to cry again,” Justice Lydia Osei Marfo ordered.

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The DPP was questioning the accused about an ordinary statement she gave to the immigration following the arrest of four Chinese nationals; Qi Jin, Gao Jin Cheng, Habin Gao and Zhang Zhipeng at Bepotenten in the Ashanti Region, who she indicated were in the country to repair her broken excavators.

The prosecutor made reference to similar statements in which the accused admitted inviting the four to Ghana to work for her but Aisha denied the content of the statement although she admitted it was her signature that is embossed on them.

She then broke down in tears, indicating she had not said anything like that to the investigating authorities.

Justice Lydia Osei Marfo intervened by asking for a short pause and directed her clerk to provide the accused with a paper tissue which was given to her and she intermittently wiped tears away from her eyes as the trial proceeded.

“Let her know that I do not like witnesses who come and cry at all. So she should compose herself,” the Judge admonished and Aisha abruptly stopped crying.

She then told the court that she had no knowledge of the content of the statements as she was only asked to sign them else she would not be allowed to return home.

“I was told I could only leave if I signed otherwise I would remain at the station that was why I signed. I can swear on this that I ever said anything like this,” she told the court.

But Mrs Obuobisa would have none of it and pointed out to the accused that she was “definitely not being truthful because at the time you gave this statement in August 2016 none of your workers had been arrested so they were unknown to the immigration officers so nobody could have provided their names if you had not provided them.”

The DPP also indicated that the accused was not being truthful because in August 2016, she was not a suspect, neither was she an accused person nor was she under arrest nor was she under any restraint so she freely volunteered an ordinary statement.

The accused disagreed and said she signed the statements because that was the only condition under which she would be allowed to go home.

The DPP also put it to the accused that her company, Golden Asia Company Limited had six excavators on an illegal mining site and this was confirmed by prosecution witness.

The accused denied the assertion saying she does not know why the witnesses would, “testify that those excavators are nine because there is nothing like that.”

Double Identities

Aisha Huang while under cross-examination confirmed she has two identities – En Huang and Huang Ruixia and two different dates of birth – November 7, 1987, and July 7, 1975, but told the court that her parents gave her both names and dates of birth, indicating it is a common phenomenon in China.

She also admitted to having three different passports with different names, dates of birth and places of birth but said one was cancelled when she was repatriated from Ghana in 2018.

She, however, told the court that it was normal for her to have the two passports with different details because it is something that happens in China and directed the DPP to confirm same from the Chinese Embassy as both passports are valid.

“I put it to you that your double identifies is because you engage in illegal activities,” the DPP pushed. “It is not so my Lady. The two passports were because when one was cancelled I had to do a new one and these were names that were given to me by my parents. Counsel can cross-check this at the Embassy,” the accused replied.

“You just want to deceive the court because place of birth is different from place of residence,” the DPP asked and the accused said: “This is how it is in China and counsel can verify from the Chinese embassy.”

Mr Obuobisa then further asked, “And your two passports have two different signatures?” and Aisha Huang replied “It is so. In China, we sign our name so two names on two passports would mean two signatures.”

The case was adjourned to July 24 for further cross-examination.

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The convict was arrested on September 2, 2022, and the arresting officers retrieved among other things, eight packs of Eley shot gun cartridges, containing about two 250 pieces of ammunition. He was not able to provide a valid licence for them.

He was before the court charged with one count of remaining in Ghana after the expiration of his passport and one count of possessing 250 rounds of ammunition without authority.

He had pleaded not guilty before the court presided over by Justice Lydia Osei Marfo, but later changed his plea to guilty before a relieving judge, Justice Comfort Tasiame, as result of the substantive judge being on her annual leave.

Huang Lei, was subsequently convicted on his own plea of guilty and was sentenced to a fine of GH¢10,800.

The court ordered the Ghana Immigration Service to deport the convict, and he has since been deported to his home country of China.

Meanwhile, two of his accomplices who are standing trial for similar offences are before the court, which has set a date to conduct case management which paves way for the trial.

His counterpart, Huang Haihua, has also been charged with one count of possessing a forged document – a fake residence permit, while Shi Yang, who was initially standing trial with his mother and stepfather has now been charged with one count of possessing a forged residence permit and four counts of possessing ammunition without authority.

He has been charged for being in the possession of 114 rounds of ammunition – 83 live rounds of 9mm ammunition, three live rounds of 8mm ammunition and another 22 live rounds of BB ammunition without authority.

Lucy Ekeleba Blay, counsel for the two, told the court yesterday that she had filed another application for bail on behalf of the accused, who had been remanded into prison custody.

The court, however, said it will not be able to hear the application yesterday and subsequently adjourned the case to March 22, 2023, for the application to be moved.

The witness, who is the assemblyman for Bepotenten electoral area testified that Aisha Huang constructed the well.

Mathew further testified that the activities of Aisha Huang negatively affected the living conditions of indigenes.

In his witness statement, the assembly member stated that “Lands that were mined by the accused were not reclaimed and pits were left uncovered. These lands she mined on were farmlands.”

The witness also testified that “both children and adults have fallen into the pit and lost their lives”.

The witness claimed that residents had complained of Aisha Huang extending her mining activities across the footpath of their farms, a situation he testified to have verified.

In court on Wednesday, the prosecution witness disclosed that, during processes to verify claims against Aisha Huang, he saw about twenty mine workers including Ghanaians and Chinese nationals with about six excavators, two washing plants and about four water pumps engaging in mining activities.

According to the witness, his checks revealed that “Aisha’s mining activities had been extended to where the road used to be and there was an uncovered pit filled with water like a dam close to what was left of the footpath.”

The witness claims when Aisha Huang was confronted, she promised to make a new path and cover the dam. He however indicated that even though a new path was created the dam was left uncovered.

Aisha Huang was also alleged to be owing a number of people various sums of money supposed to be “payments for acquisition of their farmlands.”

But during cross-examination, lawyer of Aisha Huang indicated that the claim that the accused knew the farmers mentioned was untrue.

But the prosecution witness insisted on his claim.

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Being led in evidence by the prosecution led by the Director of Public Prosecution (DPP), Yvonne Atakora Obuobisa, the witness, Peter Amenya, told the trial Court that Aisha Huang, through James Ogbey, informed him and his brother-in-law that he was interested in purchasing the farmland for her mining business.

“Aisha then sent a surveyor, whose name I do not know, accompanied by James Ogbey to my farm to take measurements of the land,” he said in his evidence-in-chief, which was read in open court yesterday.

Ms Huang has been charged with undertaking a mining operation without a licence, facilitating the participation of persons engaged in a mining operation, the illegal employment of foreigners and entering Ghana while she had been prohibited from re-entry.

Evidence-in-Chief

After negotiating the price, the witness in his testimony said, Mr Ogbey called the accused person and told her about the size of the land and the price they had agreed on.

He further told the court that the two parties agreed on GH¢ 8,000 per an acre of land, adding: “She asked Obey to bring us to her mining site which was nearby”.

In total, Mr Amenya said he was to be paid GH¢ 22,000 for his two and a half acres of farm.

The accused, he said, gave him an amount of GH¢1,000 as part payment to show her commitment to the purchase of the farmland, adding that the payment was made through Ogbey.

“Two to three weeks after the initial part-payment of GH¢1,000 to me, Mr Ogbey called me to his house and paid me an additional amount of GH¢ 5,000 on behalf of Aisha with the promise that I would be paid the outstanding balance within a short period.

“Prior to the receipt of the GH¢ 5,000, the accused person had cleared everything on my farmland with excavators for mining purposes,” he said.

The witness added that he later heard that Huang had been arrested for indulging in illegal mining and had been deported to China.

Mr Amenya, however, added that since the arrest, nobody had come forward to pay the outstanding amount owed him, together with other farmers. 

Cross-examination

During cross-examination, counsel for the accused, Miracle Attachey, asked whether all payments regarding the land were made by James Ogbey.

The witness replied in the affirmative.

He also admitted under cross-examination that he dealt with Mr Ogbey throughout the transaction. 

Accused

En Huang has been accused of being deeply involved in illegal mining, commonly called galamsey, especially in the Ashanti Region.

She was deported from the country in 2018 after the state decided to discontinue her trial, in which she was accused of engaging in small-scale mining without a licence.

However, she was said to have sneaked back into the country to allegedly engage in the same activities.

The Attorney-General, then, decided to prosecute her for the alleged crimes before her deportation and new ones committed since her return to the country.

It is the case of the prosecution that Huang had an illegal mining concession at Bepotenten in the Amansie West District in the Ashanti Region and also operated a mining support services company.

She has denied the charges levelled against her and has since been remanded in police custody.

The accused persons are Li We Guo, Shi Mei Zhi both Chinese and Nana Kwame Opoku, alias Obolo, a Ghanaian.

The three have been charged for conspiracy to undertake mining without license whilst Li Wei Guo (First Accused) and Shi Mei Zhi, (Second Accused) who are partners, are facing a charge of undertaking mining operation without license and false representation in obtaining resident permit. Li Wei Guo, the first accused is also facing the charge of false representation in obtaining a work permit.

Nana Kwame Opoku alias Obolo was separately charged for facilitating the participation of non-Ghanaians in an illegal mining operation. All three accused persons have pleaded not guilty.

The two Chinese were remanded into prison’s custody while the third Accused who is a Ghanaian has been granted bail in the sum of GHc500k with two sureties.

The Criminal Division of the Accra High Court presided over by Justice Lydia Osei Marfo as part of his bail conditions said, he was to produce two sureties who must show evidence of landed property or properties the value of which should not be less than GHS500,000.

Justice Marfo also said the original documents of these properties should be deposited at the registry of this court upon verification of the Lands Commission of its authenticity.

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The court also directed him to report himself to the police station of his arrest every Friday of each week until the final determination of the suit, should he fail in that regard, his bail would be revoked.

The latest charges were preferred after the withdrawal of the previous charge sheet by the prosecution. The case has been adjourned to January 12, 2023.

Led in evidence by the Director of Public Prosecution (DPP) Mrs Yvonne Atakoroa Obuobisa, Ali admitted knowing Aisha “very well” at “Sukuumu” (School) at Bepotenten and that her illegal mining activities had destroyed the rivers. 

The fifth prosecution witness told the court that he inherited a four-acre farmland from his grandfather 40 years ago and same had been his source of livelihood.

According to him, he had cultivated cocoa and oil palm on the said four-acre farmland situated on a hilly area, which was close to the Offin river.

“This farmland was my source of income, which enabled me to take care of my family,” he added.

The witness said in the year 2017, he was contacted by one James Ogbey of Sukuumu that a Chinese lady by name Aisha (En Huang) wanted to buy his land to mine gold.

“I was not the only one James Ogbey contacted, three family members whose farms share boundaries with my farmland were also contacted to sell their farms to Aisha Huang,” he said.

The witness mentioned the three family members as Moses Teye Ali, Peter Amenya and Kwadwo Atia.

“We all agreed and met Mr James Ogbey on the farms to take measurements of each person’s land and crops on them.

“My land, which contained cocoa and palm trees was assessed and an amount of GHC28,000 was agreed upon for the accused person to pay.”

The witness said just as they had completed the assessment, Aisha arrived so they went to see her at her mining site, which was near their farms, adding that “Aisha gave each of us GHC1,000 through James Ogbey and she promised to pay the rest.”

“I told James Ogbey to tell the accused person not to start work on our farmlands until the full payment was made.

“Strangely and contrary to our agreement, I heard the following morning that my farmland of cocoa and palm trees had been cleared,” the witness said.

Ali told the court that he rushed to his farm and to his surprise “every crop on my four-acre land had been cleared with an excavator.”

He said “all of us who were affected rushed to James Ogbey for an explanation as to why our farmlands were cleared without the agreed amount being fully paid to us. Ogbey assured my colleagues and I that the accused does not owe anyone from whom she had bought land and that she (Aisha) will pay us so we should not entertain any fears.”

The witness told the court that he later received GHS3,000, GHS4,000 and GHS5,000 at different times from James Ogbey as part payment for his farmland.

Ali told the court that Aisha continued to work on his farmland without fully paying him until she was arrested for illegal mining.

He said after several months of not receiving full payment, he reported James Ogbey to the Police at Jacobu in Amansie Central and later sent him to Court.

Answering questions under cross examination by Mr Hope Agboado, one of the counsels of Aisha, Ali admitted that Aisha never paid him personally.

The matter has been adjourned to Wednesday December 21 for continuation and conclusion of cross-examination.

Aisha Huang is standing trial among others for engaging in illegal mining at Bepotenten in the Ashanti region in the year 2017 and re-entering Ghana though prohibited.

She has pleaded not guilty, and the court has remanded her into lawful custody.

The young man, identified as Huang Lei, was arrested in Kumasi by personnel of the Security Council Secretariat, the Ghana Immigration Service and other security agencies that had a tip-off that some Chinese nationals were living in the area despite the expiration of their permit.

He was arrested on September 2, 2022, and the arresting officers were able to retrieve among other things, eight packs of Eley shot gun cartridges, containing about two 250 pieces of ammunition. He was not able to provide a valid licence for them.

Charged alongside Huang Lei is Huang Hiahua, another Chinese national who is facing one count of possessing a forged Chinese passport with a resident permit.

The charge sheet filed before the registry of the Criminal Division of the Accra High Court prefers one count of continuing to remain in Ghana after the expiration of permit contrary to Section 20(1) and 52(1)(D) of the Immigration Act, 2000 (Act 573) against Huang Lei and another count of possessing an ammunition.

Court documents indicate that sometime in August 2022, the Ghana Security Council Secretariat, Ghana Immigration Service as well as other security agencies received intelligence that the two, together with other foreign nationals had remained in the country without permits and were suspected to be engaged in illegal mining activities.

It said on September 2, 2022, a team of security officers visited the residence of the accused persons at Ahodwo, Kumasi, where they were arrested.

“Also found and arrested at the same residence were one Jian Li Hau, who is said to be the girlfriend of the first accused person, Huang Lei, and one Ruixia Huang also known as En Huang or Aisha Huang, who is believed to be the mother of the first accused person, Huang Lei. Ruixia Huang, was in December 2018, repatriated from Ghana on the directive of the Comptroller-General of the Ghana Immigration Service, which directive is still in force,” the documents say.

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Court documents further indicate that the arresting team retrieved Huang Lei’s, Chinese passport with a permit issued by the Director of Immigration, which authorised him to remain in Ghana until January 5, 2022.

The accused person upon his arrest and interrogation is said to have admitted he did not have a valid permit to remain in Ghana.

“A search conducted in the room of the first accused person (Huang Lei) revealed among other things, eight (8) packs of Eley shot gun cartridges, containing about two hundred and fifty (250) pieces of ammunition. He was not able to provide a valid licence for them,” the documents disclosed.

The documents add that, Huang Hiahua, on the other hand had in his possession a Chinese passport bearing his name and affixed to the said passport is what appears to be a Republic of Ghana Residence Permit purportedly issued by the Director of Immigration for a one-year period with effect from May 26, 2022.

“However, investigations disclosed that the supposed permit was not issued by or with the consent or authority of the Ghana Immigration Service.”

Discontinuation

Meanwhile, the Office of the Attorney General has withdrawn the trial of Aisha Huang and three other Chinese nationals at the Circuit Court.

The decision to discharge Aisha Huang, DAILY GUIDE understands, is informed by the fact that she is currently standing trial for the same offence before an Accra High Court, and continuing the trial at the Circuit Court would mean she was being tried for the same offence in two different courts.

The decision to move the case of two of her accomplices, one of whom is her son, to the High Court is due to jurisdictional challenges as the suspects were arrested in the Ashanti Region and the Circuit Court in Accra does not have the proper jurisdiction to hear the matter.

DAILY GUIDE also understands that investigations are still ongoing in relation to fresh allegations of illegal mining made against Aisha Huang, and she could be charged differently if there is enough evidence to prosecute her at the end of the investigations.

Huaid Hai Hun was completely discharged because her offence related to immigration issues and investigations established that she had a valid passport and resident permit, which only expired after she was arrested and kept in custody, hence her inability to renew the said passport.

The veteran lawyer and his team have been representing the Chinese national who is standing trial for four charges since she was first arraigned on September 16.

However, after last Wednesday, November 16, proceedings, Aisha Huang instructed Effah Dartey not to show up for today’s sitting.

In court on Monday, November 21, when the case was called a new set of lawyers made an appearance for her in the persons of lawyers Miracle Atta-Chey and Hope Agboado.

When the Director of Public Prosecution, Mrs Yvonne Attakora Oboubisah, asked if they were representing Lawyer Effah Dartey, they said no.

The Court presided over by Justice Lydia Osei Marfo added that she thinks lawyer Effah Dartey has been fired by the accused.

It was not immediately clear what accounted for her decision. 

At the last court sitting on November 16, 2022, lawyer Effah Dartey told the court to oblige him the next sitting fixed for November 17 because he had a scheduled medical appointment with his doctors at the 37 Military Hospital.

Lawyer Effah Dartey who had commenced cross-examination of the 3rd Prosecution Witness Nana Sarfo Prempah, a divisional Chief at Ashanti Agogo Traditional Area (Ntotoe Division) was expected to continue with the scrutiny of the Witness.

However, the new lawyers of Aisha Huang led by Lawyer Miracle Atta-Chey are taking on the witness under cross-examination.

The notorious galamsey kingpin has pleaded not guilty to four charges including re-entering Ghana without a permit from the Comptroller General of the Ghana Immigration Service.

The first witness will appear next Wednesday, November 9, 2022.

This follows fresh charges pressed by the Attorney-General against the acclaimed illegal miner shortly after she was busted in Kumasi by National Security and arraigned in an Accra Circuit Court.

In a virtual arraignment two months ago, the Attorney-General’s Department said it was charging Aisha Huang with undertaking a mining operation without a license, facilitating the participation of persons engaged in a mining operation, illegal employment of foreigners, and re-entering Ghana while under prohibition.

The Director of Public Prosecution, Yvonne Attakorah Obuobisa, appearing in court Wednesday, November 2 said that they had filed all documents including witness statements to be relied on for the trial of Aisha Huang.

Yvonne Attakorah Obuobisa stated that the state will call 11 witnesses during the trial.

“We have 11 witnesses and we intend to call all of them. Some of the witnesses have audios and videos that were captured in the course of investigations that will be played during their testimonies so we need facilities for those,” she told the High Court.

Captain Rtd Nkrabea Effah+Dartey, Counsel for Miss Huang confirmed receipt of the documents filed by the state.

Presiding judge, Lydia Osei Marfo ruled for the trial to begin on Wednesday, November 9 for cross-examination of the Prosecution’s first witness, Reuben Ransford Aborabora.

The exercise will continue on November 14, 2022 while the second witness; David Essien will appear on the 16th, 17th, and 21st.

The third witness; Nana Safo Prempeh will appear on the 23rd of this month and subsequently on the 28th and 29th.

On the 30th and 1st of December; the fourth witness; Matthew Kwabena Abotsi will have to appear.

Miss Huang has been charged with undertaking a mining operation without a licence, facilitating the participation of persons engaged in a mining operation, the illegal employment of foreigners, and entering Ghana while prohibited from re-entry.

She has pleaded not guilty to all charges.

According to the presiding judge, Justice Lydia Osei Marfo, unless there is undue delay in the trial, there will be no basis to grant Aisha bail.

At Monday’s hearing (October 24, 2022), the lawyer for Aisha, Captain Nkrabea Effah-Dartey, wanted to move a fresh bail application for his client.

That was after a Deputy Attorney-General, Alfred Tuah-Yeboah, informed the court that his outfit was now filing disclosures as directed by the court for pre-trial to begin.

Mr Effah-Dartey then told the court that the submission by Deputy A-G meant the prosecution had not complied with the court orders for the disclosures to be filed for pre-trial to start today.

Justice Marfo, however, told counsel that she would not change her stance not to grant bail to Aisha because there had not been any undue delay in the trial.

Hearing continues on November 2, 2022, for pre-trial.

Justice Marfo directed the prosecution to file all the disclosures and also served same on Aisha four days before the adjourned date.

Not guilty

En Huang has been accused of being in the thick of affairs of illegal mining (galamsey), especially in the Ashanti Region.

She was repatriated from Ghana in 2018 after the A-G decided to discontinue her trial in which she was accused of engaging in small-scale mining without licence.

However, she was said to have sneaked back into the country to allegedly engage in the same activities for which she was repatriated.

The A-G then decided to prosecute her for the alleged crimes before her repatriation and new ones committed since her entry back into the country.

It is the case of the prosecution that Aisha had an illegal mining concession at Bepotenteng in the Amansie West District in the Ashanti Region and also operated a mining support services company.

She has pleaded not guilty to undertaking a mining operation without a licence, facilitating the participation of persons engaged in a mining operation, the illegal employment of foreigners and entering Ghana while prohibited from re-entry.

The Chinese lady is standing trial for her alleged role in illegal mining activities in the Ashanti Region.

The AG on October 11, this year told the court it was ready for the trial and will disclose all evidence to be used.

It, however, emerged in court today that the documents had not been submitted.

Deputy Attorney General, Alfred Tuah Yeboah, told the court his officers were at the registry filing the documents.

This explanation did not sit well with the lawyer for Aisha Huang, Nkrabeah Effah-Dartey.

“At the last date, the AG said he was ready. Now we are here. And they are saying they are not ready. Please, I want to repeat my application the other time. Grant us bail,” he said.

Justice Lydia Marfo responded that the circumstances that led her to decline the request for bail had not changed.

She also took notice of the fact that the Chinese Interpreter needed for proceedings was also absent.

She, therefore, adjourned proceedings to November 2, 2022, directing the Attorney General to ensure that the documents are made available to enable case management and pre-trial conference to take place.

Deputy AG Alfred Tuah Yeboah told pressmen the delay was only a result of his office being diligent.

“We have complied but it wasn’t within time. As we speak, it has been done. Prosecuting a case like what we have at the moment, you need to dot the “I’s” cross the T’s. At the next adjourned date we will definitely be ready to move on,“ he stated.

Aisha Huang is accused of being heavily involved in galamsey activities.

She was arrested and charged in 2017 but left the country after she was repatriated.

She is accused of sneaking into the country to continue with her illegal activities. She has at all times pleaded not guilty to the charges levelled against her.

In law, there is an offence known as SUB JUDICE which simply means discussing an ongoing case in public with the view to influencing the mind of the jury or the Court.

I innocently and fully absolve all media houses who will publish this article from blame.

I will try as a lawyer to stay clear from commentary on what is going on in the courtroom, but if anybody should think there is a cause for SUBJUDICE I alone am responsible.

The dream of every Court going lawyer is to get that one magic case that will propel the lawyer into stardom I will not say that I am already a star in the Ghanaian Courtroom.

Right from the Ghana Law School and beyond by experience, all these years I NEVER go to Court unless I have been fully paid by a client or where as a matter of Christian policy I decide to do the case pro bono.

I come from a very humble background so my sympathies are always with the deprived.

The case of the Republic v Aisha Huang and 3 others travelled a very long distance before Justice Biaden’s Court.

All through 2018, we went to Court, and I had the opportunity to cross-examine all the witnesses. They were on bail, and two of the accused persons jumped bail, and the Court became apprehensive.    

The prosecution closed its case and it was time for us to open our defence on 18th December 2018. We went to Court, innocently to open our defence only to be told that the Attorney General then Gloria Akuffo had entered a NOLLE PROSEQUI (Don’t prosecute)

His Lordship Mr Justice Ekow Biaden the presiding justice had no option but to strike out the case and discharge the accused.

In fact, I was confused. So far, apart from a few points here and there, Justice Biaden had been very FAIR in the trial, and it appeared that all things going the same way, my client was going to be Acquitted and Discharged. Why nolle prosequi?

The Akans say that Otumfuo removes his ring over the shoulders. Government can do anything. Very well. Let us go, Aisha’s case is over. No no, protests the Immigration officers around – Counsel, we want to take your client for some documentation and later you have her.

Very well

The next thing I heard was that AISHA HUANG has been flown out of Ghana back home to China. How? What happened? She called me on phone from China saying they just put her in a plane and flew her out of Ghana.

As a lawyer I know that the political authority had all the power to throw out any foreigner out of the land, but, I wondered: Aisha Huang? What is so special about this diminutive Chinese woman to cause such political interest?

In fact, upon sober reflection, the conclusion I came to was that Aisha’s case was so bad that the Court MIGHT be compelled to ACQUIT her and if that happens it will be a big blow to Government, so why not truncate the trial altogether? Send her out of Ghana.

So she was sent out, 2018, 2019, 2020 – covid 19 – 2021, 2022 – suddenly I saw in a newspaper publication here in Ghana that Aisha has been remanded in Court – oh, when did she come back? Why did she not contact me?

Very well- but not very well, because I kept on hearing messages from BNI staff that there is a suspect in their cells who wanted to see me – and I won’t go unless I am paid!!!!!

Finally, I was compelled by my conscience to send my son, Lawyer Divine, who went, spent THREE HOURS without seeing her and came back.

The pressure mounted I sent female lawyer, FAFA, who, after two hours, met AISHA, and then one thing led to another and now I and the lawyers in this firm, NKRABEAH & ASSOCIATES together with other law firms are jointly representing AISHA HUANG.

I am walking on a very tightrope against SUBJUDICE so I will NOT say anything whatsoever about the core matter in the Courtroom on the many applications I have made for bail and been refused, whether my Lord’s basis for denying bail is proper or improper and so on .. LET THE LAW WORK, ON………..

But let me use these pages to address the uninformed about the NUANCES of the law, generally.

All over the world, not only in Ghana, the basic presumption of the law is that a person is presumed INNOCENT until proven guilty and so pronounced by a Court of Competent Jurisdiction.

Most, unfortunately, human life, from generation to generation works almost by “word of mouth” and negative tongues with dirty agenda soil human reputation, almost with no redress.

When I was in Legon, I was JCR President of the famous Commonwealth Hall. The next JCR Government that succeeded me AUDITED my accounts and published, a report that my Government was thus far the CLEANEST in Commonwealth Hall records.

But yet when I contested Legon SRC elections I lost because one commonwealth hall student confessed openly that he used white chalk to write on walls in some halls that I was corrupt as JCR president.

Even though subsequently he died I still find it very hard to forgive him – reader, for no reason, every bitterness, sheer hatred, people soil other people’s names with raw inventious, calumny and terrible lies, and if you don’t get a day in Court if you don’t get a lawyer to defend you if you don’t get a judge who will be IMPARTIAL and FAIR they will be pushing you slowly to a shallow grave.

Reader, it is terrible.

Aisha Huang was arrested in late August 2022 and slapped with two Counts of selling minerals without license.

On 2nd September the Prosecutor said “Investigations are continuing” On 14th September they said again” “Investigations are continuing” and yet again on 27th September they said “Investigations are continuing”

When I pleaded with the Court and pleaded with the Judge to transfer her to prison custody, BNI woke up from their slumber and set up an 11 – man panel and reader, 11-man panel, to interview this girl for THREE days, hunting for excuses to nail her.

For sheer hatred, people soil other people’s names with raw inventions, calumny and terrible lies.

What amuses me beyond tolerance levels are comments by those educated in our society who ought to know better, making all manner of accusations against me, for the crime of being lawyer for AISHA HUANG.

The other day the noisy Captain Smart was literally calling me a fool for daring to defend AISHA but when he went foul of the law he sought refuge in lawyers coming to his defence.

Let me make the records straight – when I was Deputy Minister of State from May 2001 to May 2006 I NEVER STEPPED IN THE COURTROOM.

Right now I am a private legal practitioner, subject to the Ghana Bar Association, licensed to practice, my number is e/GAR /02094/22.

The other day at Nkawkaw High Court I was humbled to my knees when after openly stating that I was 37 years at the Bar, the next lawyer opposing me quietly told the Court. “I am 53 years at the Bar!!!”

If it were to have been Achimota School I would have been described as a “NINO BOY ….”

Reader, let us pray for AISHA HUANG. Let all of us do our work, sincerely and humbly, and let the TRUTH come out. LET JUSTICE PREVAIL.

Is this our land not of FREEDOM AND JUSTICE?? 

According to (Capt Rtd) Nkrabeah Effah-Dartey, the case is quite a minor one, but how it is being handled makes it look like soo big.

In an interview with JoyNews aired on Monday, October 17, he questioned the rationale behind the presence of the Attorney-General, Godfred Dame, and the Lands and Natural Resources Minister, Samuel Jinapor, in court during the commencement of the trial.

He wondered what the two government officials could be doing in court in a matter that is of no particular value.

“Imagine a whole Minister for Lands and Natural Resources coming to the court room… to do what? Imagine the whole Attorney-General fully robed coming to court to prosecute Aisha Huang.

I” don’t want to say their physical presence was intimidatory, but I think that government is stretching this matter a bit too much,” he observed.

Aisha Huang’s prosecution

The ‘galamsey’ kingpin is currently in the custody of the National Investigation Bureau and will reappear in court on Monday, October 24.

After her last appearance on Tuesday, October 11, the Attorney-General, hinted that his office is ready to prosecute her “on a day-by-day basis.”

He said the state is willing to present its case once the trial commences.

“… for the Aisha Huang matter, we are ready to begin the trial even if we are given the opportunity next week.”

But Mr Effah-Dartey took an exception to the manner in which the state is treating the matter.

“It is most unfortunate that the two justices at the Circuit Court and the High Court have taken a different posture to our applications for bail but in a sense I cannot blame them much,” he noted.

A former New Patriotic Party (NPP) Constituency Chairman for New Juaben North has lashed out at former National Chairman, Freddie Blay, for representing four of Aisha Huang’s accomplices on trial for engaging in illegal mining aka galamsey.

A disappointed Kwadwo Boateng-Agyemang said the lack of discretion on the part of Mr Blay makes a mockery of President Nana Akufo-Addo’s fight against galamsey.

The immediate past NPP Chairman has been trending on social media for what many have described as unpopular decision to defend the four Chinese nationals linked to galamsey queen, Aisha Huang.

This was after Lucy Ekeleba Blay, a private legal practitioner announced in court that she was holding brief for Freddie Blay in the case of the four accomplices of Aisha Huang, namely; Gao Jin Cheng, Lu Qi Jun, Haibin Go and Zhang Zhipeng.

Most of them are surprised to see NPP stalwarts defend persons who have been accused of illegal mining whilst their government has pledged commitment to fighting against ‘galamsey’.

Reacting to this, Mr Boateng-Agyemang on Asempa FM’s Ekosii Sen programme Wednesday said Mr Blay’s conduct has given credence to claims by the opposition that government is behind galamsey.

He explained that, because some government officials have already been accused of engaging in illegal mining with Aisha Huang, Mr Blay’s defence of the accused persons sends a wrong signal about government’s commitment to end the menace.

The former NPP New Juaben North Chairman said he [Blay] should have allowed his conscience to guide him and not money to cloud his judgement.

“Money should not be the only consideration as a lawyer; Freddie Blay should have known better. I’m very disappointed,” he fumed.

Mr Boateng-Agyemang called on the former NPP Chairman to render unqualified apology to Ghanaians and withdraw from the case.

Meanwhile, both Aisha Huang and her accomplices have been remanded into custody until November 24, 2022. 

The Attorney-General, Godfred Yeboah Dame, indicated to the court the readiness of the state to expeditiously dispose of the case and will be willing to prosecute the case on a day-after-day basis.

The four accomplices; Gao Jin Cheng, Lu Qi Jun, Haibin Go and Zhang Zhipeng together with the ‘galamsey’ suspect, Aisha Huang, are being held by the State for their involvement in illegal mining, popularly known as ‘galamsey’ in the country.

Speaking in an interview on JoyNews’ The Pulse on Tuesday, Adib Sani stated that Mr Blay’s acceptance to defend the accomplices is only “indicative of his lack of principles.”

His assertion is in connection with an announcement that former NPP National Chairman, Freddie Blay, will be representing four accomplices of Miss Huang.

Lucy Ekeleba Blay, a private legal practitioner, announced in court on Tuesday that she was holding brief for Freddy Blay in the case of the four accomplices of Miss Huang.

Mr Adib Sani said although Mr Blay is not doing anything wrong legally, he believes it is a wrong move strategically.

According to him, the offer should have been turned down by the lawyer in as much as “man must feed.”

“As a businessman, there are sometimes some jobs that will come, even though you are looking for the money, as a matter of principle, you turn it down considering the controversial nature of the issue, the attention it has garnered locally and internationally, the pain it has caused Ghanaians, particularly those in the mining communities,” he insisted.

Mr. Sani noted that this development may add to the public’s perception that there are powerful forces in the country behind ‘galamsey.’

Meanwhile, Miss Huang herself is being represented by NPP stalwart, Nkrabea Effah-Dartey.

The A-G and Minister of Justice, Godfred Yeboah Dame, told the Accra High Court that his outfit had filed four witness statements and 18 pieces of evidence.

He, therefore, asked the court to adjourn the case for a week to enable the prosecution to file the rest of the documents.

Mr Dame also prayed the court, presided over by Justice Lydia Osei Marfo, to allow for expeditious trial and to hear the case on a daily basis.

Justice Marfo adjourned the case to October 24, 2022 to give the A-G ample time to file all the documents.

Meanwhile, in another case, four other accused persons said to be alleged accomplices of Aisha Huang had been denied bail and remanded into police custody.

The Chinese national pleaded not guilty to her suspected illegal mining activities but remains in police custody.

The judge, Samuel Bright Acquah, meanwhile, urged the judiciary to take a strong stance against illegal mining to save Ghana’s water bodies.

Ruling on a bail application on Tuesday, he indicated that the accused will therefore remain in police custody as investigations continue.

Ms. Huang and three others are accused of engaging in illegal mining and engaging in the sale of minerals without a license.

So far, the notorious galamsey suspect and seven other Chinese nationals have been arrested and have been remanded by two separate courts in Accra.

Two other Ghanaians, including a reverend minister, said to be linked to the Chinese illegal miners have also been arraigned and granted bail.

Documents before the Criminal Division of the Accra High Court, presided over by Justice Lydia Osei Marfo, revealed that Aisha Huang and her four accomplices have been using ‘WeChat’, a social media platform for their illegal activities.

“In addition, it was disclosed that the accused persons together with others use WeChat, a social media platform for all correspondences in relation to their illegal mining activities,” Mercy Arthur, a Principal State Attorney told the court.

Four accomplices charged

On September 16, four more persons said to be accomplices of Miss Huang were remanded by the Criminal Division of the Accra High Court.

They are made up of three Chinese nationals and a Vietnamese whose permit to stay in the country is said to have expired.

These Chinese nationals – Shi Yang alias Philip, Li Wei Guo, and Shi Mei Zhi are on a provisional charge of engaging in small scale-mining without a licence, contrary to section 99(2)(a) of the Minerals and Mining Act, 2006 (Act 703) as amended by Act 995 of 2019.

While Nguyen Thi Thanh Tuyen, described as a Vietnamese, was on charge of remaining in Ghana after the expiration of a permit contrary to sections 20(1) and 52(1)(d) of the Immigration Act, 2000 (Act 573).

Their pleas have been reserved by the Court presided over by Justice Lydia Osei Marfo and are to re-appear on October 11.

Brief facts

Mercy Arthur, the Principal State Attorney, per the brief facts told the court that, a team of personnel from the Ministry of National Security, Accra upon receipt of intelligence arrested the accused persons on September 14, 2022.

She said, the first, second, and third accused persons are Chinese nationals and were arrested together with the fourth accused person a Vietnamese national, from their residence at Paraku Estates near Daban, Kumasi in the Ashanti Region.

The Principal State Attorney said preliminary investigations revealed that the four accused persons were involved in prohibited mining transactions with En Huang @ Aisha and other Chinese nationals at mining sites in the Obuasi municipality.

She told the court that, a search conducted at their residence at Paraku Estates, Kumasi revealed five payment receipts of evidencing the purchase of mining concessions.

“In addition, it was disclosed that the accused persons together with others use WeChat, a social media platform for all correspondences in relation to their illegal mining activities,” she noted.

According to her, investigations further revealed that the fourth accused person was issued an extension of permit on May 9, 2022, to remain in Ghana until August 8, 2022, but at the time of her arrest, the permit had expired.

“The four accused persons have been detained to assist with investigations and frantic efforts are being made to find and arrest their accomplices,” the Principal State Attorney noted.

Samuel Jinapor said this would be possible due to the government’s legislation and policy intervention such as Act 559 which has been amended to proffer stiffer punishment to persons found guilty of illegal mining.

The Minister, while speaking to journalists in Accra, said per facts in his possession, he is convinced Aisha Huang is guilty of the charges proffered against her.

“Aisha Huang has been arrested. She is being prosecuted and she will be prosecuted under Ghanaian law in Ghanaian court if she is found guilty which I believe she should be found and I think I am not making prejudicial comments but I am saying that given the fact that I have, I am expecting that Aisha Huang will be found guilty, convicted and sentenced and thrown into Ghanaian jail,” he said.

According to Mr Jinapor, the fight against ‘galamsey’ does not focus on Aisha Huang as it is being projected.

He said other 154 persons of different nationalities have also been arrested which is a testimony to the government’s fight against the menace.

“Not just related to Aisha Huang but generally deal with foreigners. Three or four days ago, we arrested 154 foreigners who were involved in illegal small-scale mining and even how to keep them was a problem…Aisha Huang’s case should not be looked at in isolation, it should be looked at in the context of foreigners being involved in Ghanaian criminality and how we deal with it.

“The assumption that the President’s whole might and effort revolve around Aisha Huang [not true],” he added.

Reacting to the Minister’s assurance to prosecute Aisha Huang, Executive Director for the Media Coalition Against Illegal Mining says the government must demonstrate its will by seeing through the prosecution of persons, especially, foreign nationals who are found culpable.

Ken Ashigbey in an interview on Top Story, Tuesday, indicated the need to translate the rhetorics into action.

“There is no better story to be told than that…We have heard the President speak and now we’re hearing the sector Minister speak. We’re not going to take their word for it,” he said on Joy FM.

The Chinese national who is set to reappear in court on September 27 was accused of engaging in mining without a license after she was re-arrested in Ghana some weeks ago.

This was after she was deported back in 2018 over a similar incident.

Though the nature of her exit is still being debated, the Attorney General has already communicated his support to see the prosecution through.

This is despite police prosecutors telling a Circuit Court that she fled the country, hence terminating her prosecution in 2018.

The Controversy surrounding her departure from the country commenced when President Akufo-Addo cast doubt on whether she was indeed deported.

“I am not still sure whether she was in fact deported or fled the country the first time,” President Akufo-Addo said.

Information Minister Kojo Oppong Nkrumah later clarified that Aisha Huang was repatriated by the Immigration Service.

Court documents filed by state prosecutors, however, told a different story. Detective Chief Inspector Frederick Sarpong indicated that she sneaked out of the country averting her prosecution.

“The first accused Aisha Huang was arrested for a similar offence but managed to sneak out of the country averting prosecution”, DCI Sarpong told an Accra Circuit Court.

Attorney General Godfred Yeboah Dame on Friday, September 16 filed charges against Miss Huang at an Accra High Court. In recounting her alleged crimes, the AG traced her departure from the country.

“On 19th December 2018, the Attorney-General entered nolle prosequi and terminated the trial. The same day, the Comptroller-General of Ghana Immigration Service revoked her permit to remain in Ghana indefinitely, ordered her immediate repatriation to China and directed her to stay out of Ghana until the Comptroller-General approved her future re-entry into Ghana.

“Consequently, she was put on Ethiopian Airlines Flight No. Et 920, which took off at about 12:50 pm on December 19, 2018, to Addis-Ababa, Ethiopia, en route to Guangzhou-China. She sat on seat No. 32 F (Economy Class) and her travel documents were handed over to the captain of the flight to be handed over to her upon her arrival at her final destination, Guangzhou China.”

The Attorney General also insists she was barred indefinitely from entering the country by the Comptroller-General

“Contrary to the direction of the Comptroller-General issued under section 20 (2) of the Immigration Act, 2000, Act 573, State Security Agents received information that she had re-entered Ghana and she was subsequently arrested on 2nd September 2022 in Kumasi. This re-entry was in total defiance of the clear order of the Comptroller-General of 19th December 2018.”

The AG is accusing Aisha Huang of committing four offences. These are undertaking mining without a license, facilitating the participation of persons engaged in a mining operation contrary to law, illegal employment of foreign nationals and entering Ghana while prohibited from re-entry.

She has pleaded not guilty to all these charges and is to re-appear at the High Court on October 12.

She is meanwhile expected back at the Circuit Court on September 27 where she has been slapped with charges including engaging in the sale and purchase of minerals without a license and mining without a license.

The new charges were filed on Friday September 16, 2022. They are:

Count One: Undertaking a mining operation without a licence contrary to section 99(2)(a) of the Minerals and Mining Act, 2006, Act 703 as amended by the Minerals and Mining (Amendment) Act 2019, Act 995.

Count Two: Facilitating the participation of persons engaged in a mining operation contrary to section 99 (2)(a) & (3) of the Minerals and Mining Act, 2006, Act 703 as amended by the Minerals and Mining (Amendment) Act 2019, Act 995.

Count Three: Illegal employment of foreign nationals contrary to section 24 of the Immigration Act, 2000 (Act 573).

Count Four: Entering Ghana while prohibited from re-entry contrary to section 20(4) of the Immigration Act, 2000, Act 573.

The Chinese national was arraigned on Friday before the Criminal Division of the High Court presided over by Justice Lydia Marfo and hearing conducted virtually.

Lawyer for the accused put in a bail application which was denied and the accused was remanded into prison custody.

Hearing has been adjourned to October 11. The Attorney-General is expected to soon take over the docket from National Security in respect of offences committed this year.

The ‘galamsey’ queen was initially charged with sale and purchase of minerals in Accra without licence and engaging in illegal mining without licence.

Aisha Huang is being charged with three other accomplices. 

On Wednesday, she appeared before the Accra Circuit Court together with her three accomplices and were remanded into prison custody for the next two weeks.

Prosecutors got an Accra Circuit Court to extend a warrant of arrest permitting them to hold her for at least two weeks while they carry out further investigations.

Lawyers for Miss Huang, who is accused of engaging in mining without a licence made a strong case for her to be granted bail.

But the Court denied the bail request.

According to the MP, the statement continues to haunt him everywhere he goes as a security officer now serving as MP.

He said in terms of intelligence, the president is the chief intelligence officer who receives daily briefings from the various sector heads of the security architecture of the country.

He said the president as the head of the National Security Council receives briefings from the defence and interior ministers among others.

Mr Toobu maintained that matters of security are so deep that one has to be circumspect when commenting on them.

Speaking on Accra FM, Mr Toobu said “I was taken by surprise when I heard the president express his ignorance about the situation of the Chinese national who evaded immigration authorities after allegedly being deported for her involvement in galamsey.

“I shudder to comprehend this is a statement coming from the Commander–in–Chief of the Ghana Armed Forces.”

To him, the president has no locus to speak that way because in security matters every briefing is premised on three principles – confidentiality, competence and trust.

“It is the reason people who man such positions are very trusted people,” he noted. 

He queried whether what happened between the president and his security chiefs was a matter of incompetence.

“If this is the case, then the people who briefed him on the alleged deportation of Aisha Huang must be fired,” he posited.

Detective Chief Inspector (DCI) Frederick Sarpong told an Accra Circuit Court that Miss Huang herself could not even tell how she entered the country.

“A1 (Aishà Huang) has a history of sneaking in and out of the country at her will. My Lord as the accused, as A1 stands, she herself cannot even tell the court how she managed to enter this country,” he told the court on Wednesday.

This was the basis of the Prosecutor’s insistence that the court granting her bail will prove very problematic for investigations.

He described her as someone capable of interfering with investigations. The police prosecutor also revealed new suspects had been arrested as part of its ongoing investigations.

This was a response to a bail request by lead Counsel for Aishà Huang, Captain (Rtd) Nkrabea Effah-Dartey. He urged the court to give meaning to the rule of law by granting all four accused persons bail.

“Let the law work. On the facts before you, I pray you admit each of them to bail. We know that if you admit them it doesn’t mean they are innocent”.

Aisha Huang has been charged alongside fellow Chinese Nationals Johng Li Hua, Huang Jei and Huaid Halhun. They are all accused of engaging in mining without license and engaging in the sale and purchase of minerals without a license.

Lawyers for Johng Li Hua, who collapsed during proceedings, have been challenging the narrative put out by the state.

Lead Counsel Frank Kumakoh claims his client is a friend of Aishà who was visiting her when the police carried out the swoop at her residence. The other two accused persons Huang Jei and Huaid Halhun have been described as domestic staff (garden boys) at Aisha Huang’s residence.

All four accused persons have been remanded into police custody and are expected back in Court on September 27.

The consequences of her indefinite residence permit status were that she was entitled to “remain indefinitely in Ghana; entitled to enter Ghana without a visa and entitled to work in Ghana either as self-employed or as an employee without a work permit.”

This is according to the contents of a Memo authored and signed by one Isaac Luortey, Asst. Commissioner (Regional Commander) of the Ghana Immigration Service (GIS), Ashanti Region, which was addressed to the Deputy Comptroller-General of the GIS on 2nd September 2016.

The Memo under reference indicated that Eu Huang aka Aisha Huang first entered Ghana through the Kotoka International Airport (KIA) on the 28th of May 2006.

“…Since then the subject has been frequenting the country. She was previously on a dependant permit since the 5th of December 2013. Currently, she is on an indefinite Residence permit issued on the 29th March 2015,” articulated Mr Isaac Luortey.

Apparently, Mr Luortey’s Memo was triggered by media reports (Ghanaweb and Myjoyonline dated 24th August 2016) to the effect that Aisha Huang was engaged in illegal mining activities leading to the destruction of cocoa farms and pollution of water bodies; encroachment on other people’s concessions and that residents and chiefs of the affected Communities were planning to protest against her illegal mining activities.

“As a result of that, the woman in question EN HUANG was served with an invitation letter to enable the Command ascertain the situation on the ground. She reported herself on Tuesday, 30th August 2016 where her statement was taken”, noted Mr Luortey.

According to the Memo, it was realized that En Huang had been married to a Ghanaian known as Fabien Anthony for about 9 years.

She also disclosed that her husband had registered 2 companies in the country.

The nature of business of the second company (GOLDEN ASIA LTD.) was GENERAL MERCHANT IMPORT AND EXPORT OF GOODS & MINING. She was the 2nd. Director of the company.

Interestingly, Ms Huang “disclosed in her written statement that her four (4) Excavators seized by the National Security on the said site were released to her when the Ashanti Regional Minister indicated that the operation was conducted without his consent”, noted Mr Luortey.

En Huang, according to the Memo under reference, told investigators that her company (GOLDEN ASIA LTD.) supplied mining equipment to provide support services to EGYIR LTD. which had a small-scale mining concession at Gyaman Bopotenteng in Amansie Central District.

She produced an agreement letter signed by both companies to that effect. Furthermore, she indicated that she had engaged a Chinese national who provided repair work on her equipment.

“However, MS. HUANG could not produce mining support service license to back her operations at the said site”, emphasised Mr Luortey.

“This is in contravention of Section 59 of the Minerals and Mining Act 2006(ACT 703) which registers interested investors to provide approved services to companies operating within the industry hence her illegal activities”, underscored Mr Luortey.

Mr Luortey further clarified that notwithstanding En Huang’s indefinite residence immigration status granted in 2015, she still remained a foreigner and as such was liable to comply with Section 18(d) of the Immigration Act 2000(ACT 573) and the Mining and Minerals Act 2006.

“In light of the above, the following is being suggested without prejudice:

“1. GOLDEN ASIA LTD. should be made to pay a penalty for providing mining support services to another mining company without the requisite license.

“2. MS. HAUNG should be advised to register and obtain support service license to enable her continue her operations.

“3. MS.HAUNG would be directed to produce the said Chinese employee of her company in the office for further investigations”.

Attached to Mr Luortey’s Memo were the following documents:
*(1): Passport and other relevant pages
*(2): Agreement Letter between the two companies
*(3): Small-scale mining documents
*(4): Order for the release of seized equipment
*(5): Company documents.

Stay tuned for more series on the saga of En Huang aka Aisha Huang.

The proceedings were interrupted as one of the accused persons, charged alongside Aisha, Johng Li Hua, collapsed in the course of the hearing.

She was rushed out of the courtroom for medical attention, reports Graphic Online’s Justice Agbenorsi who was in the courtroom. Miss Huang in the midst of the collapse tried to swerve the cameras after the proceedings.

It was not immediately clear what caused Jong Li Hua to collapse in the courtroom but there are suspicions, it could be exhaustion as the small courtroom was packed with many people.

Bail denied

Already, the Attorney General and Minister of Justice has called for the docket to review and advice how the prosecution should go.

En Huang and the three accused persons, Jong Li Hua, Huang Jei and Huaid Hai Hun are already on remand in police custody.

When the case was called Wednesday (September 14, 2022), their lawyer, Captain Retired Nkrabeah Effah-Dartey pleaded for bail, but the court declined.

Aisha Huang and the three other Chinese nationals – Jong Li Hua, Huang Jei and Huaid Hai Hun – have pleaded not guilty to the charges of engaging in sale of minerals without license, and mining without license.

Huang was arrested through a National Security operation after she reportedly sneaked into the country to again undertake illegal mining activity, according to the prosecution.

The court after declining the application for bail remanded them into police custody to re-appear on September 27, 2022.

Aisha Huang, together with two others, will remain in Police custody for the next two weeks as the Accra Circuit Court has turned down her request for bail.

Prosecutors got an Accra Circuit Court to extend a warrant of arrest permitting them to hold her for at least two weeks, while they carry out further investigations into her alleged involvement in illegal mining.

Speaking exclusively on JoyNews’ The Pulse with Blessed Sogah, Wednesday, September 14, 2022, Captain (Rtd) Nkrabea Effah-Dartey questioned why the state is proceeding with prosecution when, clearly, there is no evidence to prove that Miss Huang, who he describes as a legitimate business owner, engages in illegal mining in Ghana.

Counsel of the accused says he suspects that some well-placed individuals in the mining industry have an axe to grind with Miss Huang.

“But what I know for sure is that Aisha Huang, during the 2018 trial, she told me she has a lot of business interests in Ghana, and I suspect that those who owe her for services rendered or materials purchased from her and they have not paid back, it is those people who do not want Aisha Huang to be around.

“They would not want to see her back in Ghana so that they can live without paying for her materials or things that she has sold to them. Otherwise, of course, I don’t know any particular human being that I can put my finger on and say that this particular person is orchestrating Aisha Huang’s woes or difficulties, but I suspect strongly that it is her debtors or her creditors who are trying to worry her,” Captain Effah-Dartey stated.

It has emerged that, galamsey suspect, Aisha Huang, was not arrested at a galamsey site as it has been reported in the media.

Rather, the Chinese national was arrested at her husband’s house in the Ashanti Regional capital, Kumasi.

Lead Counsel for the ‘galamsey queen’, Captain Nkrabea Effah-Dartey (Rtd) revealed this in an interview on Asempa FM’s Ekosii Sen programme Wednesday.

“What I know as a fact is that Aisha Huang was arrested at her husband’s house. She is married to a Ghanaian. Her husband is a Masters Degree holder from a Chinese university,” he told show host, Omanhene Kwabena Asante.

According to him, miss Huang’s husband, who he gave his name only as Prince, is working hard to get bail for his wife.

“He was in court today and flew back to Kumasi after the case,” Captain Nkrabea Effah-Dartey (Rtd) added.

The legal practitioner said nobody can charge Miss Huang for illegal entry because there is no official prohibition declaring her ‘persona non grata.’

He also agreed with President Nana Akufo-Addo’s assertion that, he [Nana] is not sure Miss Huang was deported.

Rather, Mr Effah-Dartey alleged that, some “backroom convenient arrangement was made to get his client out of Ghana against her will.”

Lawyer for embattled galamsey queen, Aisha Huang, is accusing the state of throwing dust into the eyes of the court.

Lead Counsel for the accused, Captain Nkrabea Effah Dartey (Rtd) says the claim that his client sneaked into Ghana is palpable false.

State Prosecutors on Wednesday, September 14, 2022, told an Accra Circuit Court that Miss Huang had a habit of sneaking in and out of the country after her deportation.

They, therefore, made a strong case for the accused standing trial for engaging in mining without a license to be denied bail insisting that, she would interfere with investigations if granted bail.

But her lawyer on Asempa FM’s Ekosii Sen programme Wednesday said the state is being “unfair” to his client.

He revealed that, Miss Huang did not sneak into Ghana but rather passed through the borders of Ghana, her passport was examined by Immigration Officers who gave her entry permit.

Captain Effah Dartey (Rtd) wondered why there is no charge of illegal entry if indeed his client came to Ghana illegally.

“If it is true that Aisha Huang sneaked into the country, why don’t you charge her with illegal entry but the charges she is facing now are illegal mining and selling minerals without license,” he stressed.

He described her alleged offences as minor ones which he was prepared to defend only to have her deported in circumstances he considered strange.

He cited how in 2018 when Aisha Huang was about to open the case, the then Attorney General filed for the discontinuation of the case.

“Aisha Huang was told to come for a meeting and the next thing I heard, she had been flown out of the country against her wish.

“I didn’t understand why the Attorney General did not allow us to finish the case. I think it was a wrong move but they took her out of Ghana. Today we are being told that she sneaked out of Ghana which is false, a blatant untruth, an inaccurate statement which was made to the court, very sad, most unfortunate,” he added.

Prior to this case, Captain Effah Dartey (Rtd) said his client was a legal immigrant going about her work peacefully.

He is certain his client has a solid case and would be able to secure bail for her at the next hearing.

Meanwhile, the Court presided over by Samuel Bright Acquah turned down the request to remand her into police custody.

The case has been adjourned to September 27.

Nkrabeah Effah-Dartey, lead counsel for galamsey kingpin, Aisha Huang, has accused the Attorney General of allegedly using the Ghana Bar Conference to call for support of the judiciary for the successful prosecution of the matter.

Admitting he was not present at the conference, he indicated he has been told Godfred Dame Yeboah said the corpoeration of the Judiciary is required to keep the accused in custody.

In court on Wednesday, he described the comments as unfortunate if they were true, stating they must be condemned.

He prayed the Court not to give room for public speculation of influence of the Executive on the matter.

“In the light of that, the decision to refuse bail gives credence to what is being said and it is most unfortuante,” he said.

The lawyers for Miss Huang and three accomplices accused of engaging in mining without a license, on Wednesday morning made a strong case for her to be granted bail.

Also, they raised concerns about what they believe to be unfair treatment meted out to Miss Huang by state security during her repatriation in 2018 and the fresh arrest.

“I was defending Aisha Huang at High Court Criminal 1 then on the day that we were supposed to open our defence, the Attorney General entered a nolle prosequi which means don’t prosecute.

“Then the Attorney General took my client away from the court and the next thing I heard, she had been flown out of Ghana and I didn’t understand why they did not allow us to finish the case and today we are being told in court she sneaked out of Ghana which is false,” he fumed.

READ ALSO:

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State Prosecutors in a bid to shoot down the bail request claimed Miss Huang had a habit of sneaking in and out of the country.

But in a rebutal, the former Interior Minister and Berekum MP insisted this is a case the international community was monitoring and a grant of bail will send the right signal.

“Let the law work on the facts before you. I pray you admit each of them to bail. We know that if you admit them it doesn’t mean they are innocent,” he pleaded.

The court presided over by His Honour Samuel Bright Appiah, however, reasoned that the matter had become an issue of public interest at home and abroad.

He, therefore, remanded the accused back into custody to reappear on September 27, 2022.

Listen to lawyer Effah-Dartey in the audio above:

This was after she made her second court appearance on Wednesday to answer charges of engaging in the sale and purchases of minerals without valid license and Mining without license.

The court, presided over by Samuel Bright Acquah, turned down a request for her bail during the proceeding where she spoke through an interpreter.

She appeared with her three accomplices — Johng Li Hua, Huang Jei and Huaid Hai Hun.

Prosecutors got an Accra Circuit Court to extend a warrant of arrest permitting them to hold her for at least two weeks while they carry out further investigations.

Her lawyers, who were upset, alleged that there could be a grand scheme between the judiciary and the Attorney General to treat her [Aisha Huang] unfairly.

The lawyers made a strong case for her to be granted bail and raised concerns about what they believe to be unfair treatment meted out by state security in her repatriation in 2018 and the fresh arrest.

The lawyer, Nkrabea Effah Dartey, who stated he respects the court’s directive, however, argued the accused are entitled to bail.

He bemoaned the accused persons had already been remanded for 14 days and questioned what more investigation was left.

Madam Huang is expected to reappear on September 27, 2022.

A video of Chinese galamsey suspect, Aisha Huang in court on Wednesday has popped up.

The video, intercepted by Adomonline.com, captured Madam Huang’s arrival at the Accra Circuit Court where she is standing trial for two charges flanked by security personnel.

The video also captured the three accomplices; Johng Li Hua, Huang Jei and Huaid Hun with whom Aisha was re-arrested last week.

Aisha, who was deported in 2018 for allegedly engaging in illegal mining, is currently facing two fresh charges.

She is being held on the charges of sale and purchase of minerals in Accra without license and engaging in illegal mining without license.

At the last sitting, the court presided over by Mr Samuel Bright, could not take her plea because the court did not have a Chinese interpreter.

Aisha after her deportation, re-entered Ghana in 2022 and allegedly engaged in illegal mining at Bepotenten at Amansie West, Ashanti Region.

Play the video above:

Earlier, President Akufo-Addo said he was unsure if Aisha Huang was initially deported from the country.

According to him, her re-emergence raises concerns about whether she left Ghana in the first place.

Speaking at a Ho-based radio station, as part of his tour of the Volta Region, the First Man expressed reservation about the nefarious activities of Miss Huang and affirmed his support for her prosecution.

“I’m not still sure whether she was in fact deported. Or whether she fled the country the first time and has now come back. There still seems to be some uncertainty about it.

“But whichever way it is, she’s become the sort of nickname for all that galamsey represents,” he said.

Reacting to this, after a backlash, the Information Minister has asked media portals to refrain from misquoting the President.

According to him, there is a difference between deportation and repatriation, adding that, President Akufo-Addo never mentioned exactly what he was quoted for.

“Prez @NAkufoAddo has never said he isn’t sure if Aisha Huang left Ghana. Please quote him well. He said he wasn’t sure whether she was deported or she fled. The reason for the President’s comment is that there is a difference between deportation and repatriation.”

He continued, “While the Minister for Interior can deport, the Immigration Service cannot. The instrument which the Immigration Service uses in such circumstances is a repatriation notice. Either way, the effect was that she was caused to exit from Ghana at the material moment.”

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Stating he values good relationships with other countries, he, however, indicated he deported almost 5,000 Chinese who were engaged in illegal mining at the time.

“When I was president, we valued the relations with China but I didn’t say because of the good relationship we have with China, we should allow them to continue to engage in illicit activities,” Mr Mahama disclosed this in an interview on Accra-based TV3.

The deportation he indicated was in collaboration with the Chinese Embassy who obtained Boeing 747s to fly their people out of Ghana.

His comment is in connection with the controversies about the return, arrest and possible prosecution of Chinese galamsey queen, Aisha Huang in Ghana follwoing her deportation in 2018.

The former President stressed foreigners must be punished when they break the law just as it is done to citizens in and out of Ghana.

“If you are a Ghanaian and you go to China and you engage in illegality, they don’t say because of the good relation they have with Ghana, they are going to let you go scot-free.

“You are going to face the full rigours of the law in China and I don’t doubt that there are some of our citizens in jail in China,” he said.

Samuel Okudzeto Ablakwa said miss Huang’s deportation was only a “shambolic attempt of a deportation” and a “charade” by the government.

Speaking on Top Story, Monday, he noted that due to the awkward manner of Miss Huang’s deportation, the ‘galamsey’ kingpin could have absconded during her transit to China.

“This whole charade of deportation has gone down as the most shambolic attempted deportation ever in World affairs. Do you know that this deportation took place without an escort? There was no escort…She could have really absconded when they transited in Addis Ababa,” he said.

The North Tongu Member of Parliament (MP) stressed that “there is no guarantee that Aisha Huang did the full leg of the trip.”

According to him, the Chinese government was only informed two days after the deportation had taken place with no information about the terms of the deportation.

“Is it a permanent deportation? Was it just for six months? Nobody knows not even the Chinese authorities,” he asserted.

Mr Ablakwa has, therefore, called for an independent investigation into miss Huang’s return to the country.

The MP said this is the only way the suspect and her accomplices could be duly punished.

“Ghana needs an immediate full-scale independent inquiry to unravel this mystery and to identify Aisha Huang’s collaborators in high places for swift sanctions,” he made the demand in Facebook on Monday, September 12.

Miss Huang was arrested in 2017 for engaging in illegal mining. The 47-year-old Chinese national was later deported in 2019 by the government, a move which triggered questions about Ghana’s commitment to eradicating the menace.

She, was, however, re-arrested a few weeks ago in Kumasi by the National Security for secretly sneaking back into the country to continue her ‘galamsey’ business which sparked public outcry calling for her prosecution. 

Aisha and her accomplices since their arrest have been flown to Accra and arraigned same day before an Accra Circuit Court.

They have, however, been remanded into Police custody by the court and are expected to reappear in court on September 14, 2022.

Speaking at the 2022 Bar Conference of the Ghana Bar Association (GBA) on Monday, he noted that since the onset of the 4th Republic, some 29 years ago, Ghana has witnessed the longest period of stability and economic growth in our sixty-five (65) years of nationhood.

According to the President, during this period of the 4th Republic, “we have witnessed sustained growths in the size of the economy; rising levels of per capita real incomes; systematic expansion of the private sector.”

He noted also that, in the period of the 4th Republic, we have “taken strong measures to try to protect our lands, water bodies and the environment from the menace of environmental degradation and climate change; ensured that efforts to meet the most basic elements of social justice, i.e. education from kindergarten through to secondary school, and accessible healthcare to all our citizens, are ongoing.”

President Akufo-Addo, to this end, assured members of GBA “of my full support to the Attorney General in his determination to prosecute Aisha Huang and her collaborators, who, apparently, insist on flouting our laws against galamsey and illegal mining.”

The President continued, “I expect if they are found guilty, that the courts will apply the full vigour of the new amended Act 995, which has increased substantially the punishment for breaches of the law.”

Alternative Livelihood Programme
President Akufo-Addo has indicated on the occasion that his government is not against small-scale mining.

“On the contrary, the Government is in full support of responsible small-scale mining activities, as they provide an avenue for Ghanaians to participate in the mining industry, and contribute substantially to our gold exports,” he said, in October 2021, at the launch of the National Alternative Employment and Livelihood Programme, a programme designed to help alleviate the hardships of those affected by Government’s efforts to sanitise the mining industry.

Available data shows that the small-scale mining industry accounts for some forty percent of our gold exports, and has played a critical role in making Ghana the leading producer of gold in Africa.

Small-scale mining, the President stressed, should, therefore, “be encouraged, and we will do all that is necessary to promote it for our collective benefit.”

He stated, however, that “what we cannot do, and will not allow, is to permit mining activities to threaten the environment which sustains our lives and the lives and livelihoods of generations unborn.

“We owe a sacred duty to preserve the environment, even as we reap the benefits of our natural resources. Small scale mining can, and must, only be done responsibly.”

This comes a few days after he was reportedly picked up by personnel from the National Security.

The arrest, Mr Peprah confirmed, was effected on Friday morning at a time he had just finished preparing breakfast for his kid at his home in Kumasi.

However, he stated details of what transpired could not be made public but he would rather retract his comments.

“In my statement, I made some claims that there are some Chinese kingpins who are into illegal mining and most of them use vehicles embossed with stickers from the Office of the President.

“I want to categorically retract and apologise to the Office of the President and the security agencies in the country,” he said in an interview on Accra-based Neat FM.

When asked whether his retraction and apology were due to intimidation he suffered during the arrest, Mr Peprah responded, “I don’t want to comment on that.”

Following the return of galamsey queen, Aisha Huang to Ghana after her deportation, Mr Peprah made damning allegations about support of higher authorities which has empowered Chinese nationals for galamsey.

He claimed the powerful people behind Miss Huang transferred an Immigration Officer to stop him from pursuing the matter.

He among other things alleged there are Chinese nationals who are mining in Ghana’s forest reserves under the protection of State security such as the military.

The MP in a Facebook post said, after thorough investigations, it has emerged that Miss Huang was not escorted during her “supposed deportation as an international standard practice requires during such high-profile deportations.”

He also alleged that Miss Huang was not physically handed over to the relevant Chinese authorities when she allegedly landed in China, which is inconsistent with deportation protocols.

“Chinese officials had no prior communication and were only informed by the Ghanaian government two days after Aisha Huang’s so-called deportation, making it difficult for her to be tracked.

“There is no available credible evidence suggesting that the Chinese government at any time appealed to their Ghanaian counterparts not to prosecute Aisha Huang or make her freedom a precondition for bilateral trade relations as former Senior Minister Yaw Osafo-Maafo recklessly claimed,” he added.

He called for an immediate full-scale independent inquiry to unravel this mystery and to identify Aisha Huang’s collaborators in high places for swift sanctions.

“The morbid fear of Aisha Huang by the Akufo-Addo/Bawumia government cannot be opportunistically blamed on others.

“When Tanzania jailed the Chinese Ivory Queen, Yang Fenglan in February 2019 for 15 years, it didn’t and hasn’t affected cordial China-Tanzania bilateral relations.”

Below is his Facebook post:

Speaking on Newsfile on Saturday, he explained that Aisha Huang does not operate on her own and everyone involved in her business must be exposed as well.

“Punishing Aisha Huang alone does not begin to tinker with the problem or the extent of the problem. We need to ask ourselves who are those that have colluded with her, connived with her, facilitated her business to the extent that we are even in doubt if she left this country,” he said.

Prof Aning added that the Attorney General’s decision to examine Aisha Huang’s past crimes also opens up some interesting opportunities for the country.

He stated that some of these questions include “what was the basis for Aisha Huang to be able to be exfiltrated from Ghana when we knew she had committed crimes that threaten our very existence and these are not threats that are identifiable in the short term.”

Prof Aning explained that illegal mining in the long term does not only affect water bodies but its effects also trickle down to other parts of people’s livelihood including food security.

“Even in war, when you poison your water it is not an acceptable thing but we have voluntarily in peacetime colluded with foreigners to destroy our water bodies and the painful thing is the bombasting explanations that are given to justify this,” he said.

His comment comes after Attorney General, Godfred Yeboah Dame, announced he was set to prosecute notorious ‘galamsey’ poster girl, Aisha Huang for her past and recent crimes.

He requested details of evidence compiled by investigators in 2018 and what has been compiled on alleged recent offences.

“The Attorney General per his request, assures that he will initiate prosecution against Miss Huang, in respect of her current alleged offences as well as those of 2017 before her deportation from Ghana in 2018,” the Justice Ministry added in a social media post.

The ‘galamsey’ kingpin stoked controversy when she was arrested back in 2017 for engaging in the unlawful activity.

The 47-year-old Chinese national was in 2018 deported by the government, a move which triggered questions about Ghana’s commitment to eradicating the menace.

But the announcement of her re-arrest within the country’s borders has reignited this concern.

Aisha and her three accomplices were on September 2, charged with engaging in the sale and purchase of minerals without a license.

Meanwhile, Prof Aning said that he was also disturbed about “the amazing rapidity with which state institutions that had failed to act suddenly claim to be acting, but in whose interest?”

He questioned whether the state institution that claimed their intelligence led to the arrest of Aisha Huang are working in their selfish interest to avoid facing questions about the loopholes in their agencies.

“I have also requested IGP Dampare to investigate this assertion by a miner that she is able to get a commander transferred. If that is true then the very edifice of this state, those who should be protecting us, those we have entrusted with our lives have failed and failed us woefully,” Prof Aning said.

He also believes the fight against illegal mining is non-existent following the rearrest of Aisha Huang.

“What we call a fight are simple rhetorical flourishes to give a false sense that we are doing something that prevents us from asking the very difficult questions,” Prof Aning stated.

Speaking on Newsfile on JoyNews on Saturday, Prof Gladys Nyarko Ansah revealed that some farmers at Atiwa West in the Eastern Region use sachet water to mix pesticides and other agrochemicals to spray their farm.

She explained that this is because the water bodies in the area are no longer safe for consumption.

“The people are not happy with the situation…it is very sad. Farmers have to buy pure water to go and mix chemicals, weedicides, agro chemicals and things to spray their farms in Atiwa West,” Prof Ansah noted.

She also disclosed that in some cases, farmers are threatened to sell their lands to illegal miners to continue their activities.

Prof Ansah said that “people’s cocoa farms are left hanging because galamseyers have dug around all the farm and they can’t even have access to the farm.

“They tell you that when the galamseyers come and tell you ‘sell your land to us to mine’ and you refuse when you sleep and wake up, they have dug around your farm and then you have no option but to sell that farm to them very cheaply,” she said.

She stated that as a result, farming then becomes unattractive to many people.

Prof Ansah added that “in a country where we have a large number of young people who are unemployed and they can’t even see farming as an alternative, they (could) just jump onto the galamsey bandwagon.”

She explained that when the youth are all involved, it becomes difficult to control illegal mining activities, especially in areas where it is happening most.

Prof Ansah was speaking on Newsfile on the topic, “how to win the fight against illegal mining”. This comes after news broke about the re-arrest of the ‘galamsey’ kingpin En Huang, popularly known as Aisha Huang.

She was arrested in her residence at Kumasi for her alleged involvement in the sale and purchase of minerals without a license.

Following her arrest, the Attorney General, Godfred Yeboah Dame, announced he was set to prosecute the notorious ‘galamsey’ poster girl, Aisha Huang for her past and recent crimes.

He requested details of evidence compiled by investigators in 2018 and what has been compiled on alleged recent offences.

“The Attorney General per his request, assures that he will initiate prosecution against Miss Huang, in respect of her current alleged offences as well as those of 2017 before her deportation from Ghana in 2018,” the Justice Ministry added in a social media post.

However, the re-arrest and return to the country shocked many Ghanaians and brought back the discourse on the country’s fight against ‘galamsey’.

Meanwhile, Prof Ansah believes that the people in the mining communities must be engaged in the fight against illegal mining.

She said that many of them are unhappy about the situation and would aid the government if they are genuinely involved in the fight.

“The excavators, these are not items that you can smuggle on the quiet into the forest, people will see, people in the town.

“There are hunters and farmers in the villages and they see it. When they see it, what do they do? If we really want to win the fight, engage the people and let the engagement be genuine,” Prof Ansah added.

Aisha Huang was deported in 2018 after she was arrested over similar charges only for intelligence-led exercise by the security agencies in the Ashanti Region to reveal that the Galamsey Queen has been domiciled in the country for months.

Unconfirmed reports also suggest that she may have been resident in the country way beyond that period.

Alarmed that such a suspicious character outwitted the security agencies, Samuel Okudzeto Ablakwa, the MP for North Tongu has asked for a full-scale probe into the circumstances leading to the deportation of Aisha Huang.

“At this point, we are very doubtful. It is clear that she has very deep roots and she has allies up there in high places who are helping her to beat the system.

“This is why we insist that the only way to unravel the Aisha Huang debacle is to have a full-scale probe into this matter.

“We must have an independent investigation to know if truly she was deported, and where she was deported to, China or Togo?” he quizzed.

JoyNews sources have, however, confirmed that Aisha Huang was indeed repatriated from Ghana.

According to sources, the Ghana Immigration Service issued a notice of revocation of permit and repatriation dated 19^th December 2018, addressed to En Huang.

The notice was signed by the Comptroller-General, Kwame Asuah Takyi.

There is also a boarding pass in the name of En Huang on Ethiopian Airlines Flight No. ET 920 from Accra to Addis Ababa dated December 19, 2018.

She was placed at seat no. 32F and had used gate C7 to board. She had flown economy class-L and had allegedly boarded at 11:35.

Meanwhile, Attorney General, Godfred Yeboah Dame, has declared his commitment to prosecute Aisha Huang for her past and recent crimes.

He has requested details of evidence compiled by investigators in 2018 and what has been compiled on alleged recent offences.

This was announced in a social media post by the Ministry.

Mr Danquah has indicated security agencies trailed her to determine if she was the same person following her re-entry.

He disclosed this in an interview with Accra-based Citi FM, stating she will be made to face the law.

“For us as a government, we are aware that she entered with illegal documents; forged documents which do not represent the names but because of how good our security services are, we had to follow her to be sure that she was the same person that was deported out of the country.

“Over several weeks, we arrested her and got to know that she entered into the country with false documents,” he explained.

Ghana was thrown into a state of shock a few days ago after news of the re-arrest of the ‘Galamsey’ Kingpin broke out.

Following her arrest, it emerged she acquired a non-resident Ghana card using the name En Huang on February 27, 2022, and is expected to expire on February 26, 2023.

She was arrested at her Ahodwo residence in Kumasi for her alleged involvement in the sale and purchase of minerals without a license together with three accomplices also Chinese nationals.

Madam Huang and her accomplices have been remanded into police custody pending plans by the Attorney General, Godfred Yeboah Dame to prosecute her for her past and recent crimes.