Attorney General to Appeal Sentencing of Aisha Huang
By: Doreen Boamah Darko
The Attorney General and Minister of Justice, Godfred Yeboah Dame, has announced his intention to appeal the sentencing of Aisha Huang, a prominent illegal miner, under the Minerals and Mining (Amendment) Act, 2015 (Act 900). The Attorney General aims to ensure that the new sentencing regime imposed by the Minerals and Mining (Amendment) Act, 2019 (Act 995), is applied to the accused.
Aisha Huang, a Chinese national, was found guilty of mining without a license and was sentenced to four and a half years in prison on Monday, December 4, 2023. In addition to the prison term, she was also fined GH¢48,000.
The judge, after considering the arguments presented by the prosecution and defense, found Aisha Huang guilty. However, due to the previous legal regime, the judge could only impose a four-year sentence, as the old law had a maximum sentence of five years.
The new Act, which came into effect in 2019, imposes a minimum jail term of 20 years for such offenses.
In a statement issued on Tuesday, the Attorney General stated, “Whilst applauding the efficiency of the justice delivery system witnessed in the trial of Aisha Huang, the Attorney General will, however, test the soundness of the decision of the trial court to punish the accused person under Act 900, by filing an appeal at the Court of Appeal, against the sentence to ensure that the new sentencing regime imposed by Act 995 is applied to the accused person.”
The Attorney General’s decision to appeal the sentencing is aimed at upholding the new sentencing regime and ensuring that appropriate punishment is meted out for illegal mining activities.
The case of Aisha Huang has attracted significant public attention, with some sections of the public expressing concern over the severity of the sentence. However, the Attorney General has urged the public, including lawyers, to be mindful of the facts of the case and refrain from making misleading comments that undermine the fight against illegal mining.
The swift dispensation of justice in this case, which took a little over a year, reflects the commitment to combating illegal mining offenses. The Attorney General appreciates the efficiency of the justice delivery system in this trial but seeks to test the applicability of the new sentencing regime through the appeal process.
The appeal will be filed at the Court of Appeal, and its outcome will determine whether the new sentencing regime will be applied to Aisha Huang.