Today in History: The day Ghana’s prosecution prepared to take on Aisha Huang

November 2, 2022, marked a significant moment in Ghana’s fight against illegal mining, as the prosecution of Chinese national En Huang, popularly known as Aisha Huang, moved a step closer to a full trial at the Accra High Court.

On that day, the Director of Public Prosecutions (DPP), Yvonne Atakorah Obuobisa, informed the court that the State had filed and served all witness statements and supporting documents it intended to rely on in prosecuting the woman widely known as the ‘Galamsey Queen’.

The prosecution also disclosed that it intended to call 11 witnesses, some of whom had audiovisual materials expected to be played during their testimonies. With the necessary documents served on the defence, the State declared itself ready to proceed with the trial.

Aisha Huang’s lawyer, Captain (Rtd.) Nkrabeah Effah-Dartey, confirmed receipt of what he described as the “voluminous encyclopedic documents” filed by the prosecution.

The court subsequently fixed November 9, 2022, for the commencement of the trial, setting the stage for a high-profile legal battle that would attract considerable public attention amid growing concerns about the destruction of Ghana’s environment through illegal small-scale mining, popularly known as galamsey.

How the case returned to court

The November 2 proceedings were part of a renewed prosecution of Huang, whose previous encounter with Ghana’s justice system had ended in controversy.

In 2018, the Attorney-General discontinued an earlier prosecution against her over alleged illegal small-scale mining activities. She was subsequently deported from Ghana.

However, her return to the country in 2022 reignited public debate about the government's handling of illegal mining and the enforcement of immigration laws.

Huang was arrested in Kumasi on September 2, 2022, after reportedly re-entering Ghana despite being prohibited from doing so.

On September 16, 2022, the Attorney-General, Godfred Yeboah Dame, filed four fresh charges against her in connection with alleged offences committed between 2015 and 2017.

The charges included undertaking mining operations without a licence, facilitating the participation of persons in illegal mining activities, illegally employing foreign nationals and entering Ghana while prohibited from re-entry.

She pleaded not guilty to the charges and was remanded into custody after her bail application was rejected.

The 11 witnesses and the eventual verdict

The decision to call 11 witnesses underscored the prosecution's intention to build its case through testimonies and documentary evidence.

The trial eventually began on November 9, 2022, with witnesses expected to provide evidence on the alleged mining operations, immigration-related offences and activities attributed to Huang.

One of the significant developments came in May 2023, when Huang changed her plea and admitted to entering Ghana while prohibited from re-entry. The High Court convicted her on that charge.

The prosecution subsequently called all 11 witnesses before closing its case. Huang was later directed to open her defence after the court dismissed a submission of no case filed by her lawyers.

On December 4, 2023, the Accra High Court, presided over by Justice Lydia Osei-Marfo, found her guilty of the remaining charges and sentenced her to four years and six months in prison.

She was also fined GH¢48,000 and ordered to be deported after serving her sentence and paying the fine.

The sentence was based on the applicable mining law at the time the offences were committed, between February 2015 and May 2017. The court considered the constitutional prohibition against imposing a heavier criminal penalty retrospectively.

The Attorney-General subsequently announced plans to appeal against the sentence, arguing that the punishment should reflect the tougher provisions introduced under the 2019 amendments to Ghana's mining laws.

November 2, 2022, therefore, remains an important date in the history of Ghana's prosecution of Aisha Huang.

What appeared at the time to be a procedural update — the filing of witness statements and trial documents — became part of a lengthy legal process that eventually ended in her conviction for illegal mining-related and immigration offences.

EA