Fixing The Country: Open Letter to the President for an Urgent Halt of the Tacit Support of the State for Chinese in Small Scale Mining - Part 20

Dear President,

The alleged involvement of the innocent repeat innocent Aisha Huang in Small Scale Mining has stimulated me to write to you once again to remind you on the deceit, hypocrisy, the incompetency and perceived massive corruption by the nation of Ghana in the fight since 2005 against foreigners especially the Chinese in small scale mining. Before I expatiate on the subject, let me make some clear declarations that I became close to Aisha Huang in 2015 or so when she was arrested together with a Ghanaian pilot for trespassing into the Concession of Bogoso Gold Mine at Manpong near Dunkwa. After listening to their reason for being at the area which caused their arrest by my then security personnel and with copious intelligence on Ghanaians who lured/duped Chinese into the mining sector, I empathize with them upon listening to their (including the Ghanaian pilot) very sad stories with documents from the Minerals Commission.

They gave a vivid story on how some Ghanaians allegedly with Small Scale Mining Rights (close to mining lease) lured or duped them into thinking that the area belonged to them. After their narration, they profusely apologies for their trespassing, so I sent them to the then acting General Manager/Finance of Manager of Bogoso Gold Mine who is now the MD of a Mining Company in one of the Wassa District who also after listening to their sad, educated them on the relevant mining laws and warned them not to trespass into the area again, which they agreed so I was order to set them free which I had to as ordered by my boss.

They both gave me their Contact details. Hence established contact with them for more stories by virtue of my Chairmanship of the Ghana Chamber of Mines Security Committee which I initiated in 2004 or so through Dr Joyce Aryee, then CEO of the Ghana Chamber of Mines in the fight against small scale mining and other common security related problems. So in 2015, I became then a member of the National Security Committee taskforce put up then by His Excellency President Mahama in his ardent fight against illegal small scale mining and his order for the deportation of any foreigner arrested in small scale mining due to poor charges of offences on small scale mining before he got Parliament to amend the Section 99 of the Minerals and Mining law with a replacement with Section99 of Act 900 of the Minerals and Mining law 2015. I wish to also add that in 2015, we the members of the National Security Committee Taskforce

Were duly briefed by Hon Barbara Sam and Hon Akandoh both then Deputies to the then Minister for Lands and Minerals Resources that Aisha Huang was a smart interpreter.

So, in the first and the only time in my life in 2015 and never again in my life did I encountered with or heard from her until the news of her deportation and the current news in the media, I did follow up with Aisha Huang to her shop adjacent Ahadwo Melcom with two witnesses for details on the involvement of Chinese in the Illegal mining which helped me in my encounter with the media (conference with the press in Ashanti Region done at my cost in Kumasi in 2017 on the fight against small scale mining . So I wish to state and I can swear by Antoa Nyamah that I never gained any favour be it a pesewas or a cent and or a logistical item including a sachet water and never had any amorous relationship with a Chinese woman be she Aisha Huang or any Chinese woman in my life because despite any beauty of them, due to their physical state they do not come close to women of my taste even if you give me millions of dollars. My witnesses namely Alhaji Asumah in Kumasi who is one of my brother-in-laws and a female acquaintance by name Felicia Addae in Kumasi can testify that I warned them not to accept anything including a sachet water from Aisha Huang during the visit, which they both did as at date. So with this declaration I can now comfortably expatiate my submission on the subject.

Mr President, Section 1 of Article 57 of the 1992 Constitution vested in the President of Ghana, the complete control (government) of the State of Ghana as the Head of State and the Head of National Executive and also appointed the President as Commander-in-Chief of the Armed Forces of Ghana for the purpose as you aware for both the State through the Citizenry and the Armed Forces of Ghana to support the President to protect and defend the State of Ghana (the citizenry and assets/properties/state secrecy or information).

So you need to act including the declaration of War on the canker of Small Scale Mining (in the local parlance as Galamsey) more to this later. Please pardon me to inform you, a very good lawyer that by the wording that you, as the President of Ghana, is the Commander-in-Chief of the Armed Forces of Ghana, imply by the Constitution that this appointment is not limited to the Ghana Armed Forces under the Minister of Defence/CDS but as the Supreme Commander of all Armed Institutions of the State of Ghana thus it include the Police and at the Border especially the Immigration Service and the paramilitary unit of Preventive Division of Customs Excise and Preventive Service (CEPS), which emanated from the armed defunct Border Guards Services which as stated was an armed Service of the Ghana Armed Forces before 1985, I refer you to may submission Fixing the Country Part 19 for more intelligence on matters of CEPS.

So Mr President, you have sufficient means to fight the canker of Small Scale Mining. I say Small Scale Mining is a national risk or a canker because it is not a new phenomenon but it existed and was executed worldwide since the creation of mother earth by God. Hence, Small Scale Mining is regarded globally whether in China, South Africa, Tanzania, and USA by the operators as a poverty driven activity granted by the Almighty God for them to escape from their poverty misery. It is sad Ghana has failed to see it as such.

So Mr President, you cannot succeed an enemy if you do not or refuse or fail to know much about the enemy especially the characteristics of the enemy an international risk hence Small Scale Mining is somehow regarded an international catastrophe. Hmm it is high time, we stop the foolishness and or incompetency call a spade as a spade. so Galamsey is Small Scale Mining and Small Scale Mining is Galamsey just Google for Small Scale Mining or look for the competent definition by USAID, the UN, ILO, World Bank/IMF for Small Scale Mining and how they are helping Countries to mitigate this risk. Infact the Small Scale Mining law section 77 of the Minerals and Mining Law 1986 (PNDC 153) and the Small Scale gold mining law 1989 (PNDC215) were essentially Galamsey laws enacted by the PNDC to contain the artisanal mining activities then which as the Chairman of the PNDC publicly made it clear in 1986 (by his words if you cannot fight an enemy find a common ground to coexist with the enemy and be able to control it as and when needed , hence your idea of Community Mining may be laudable , you need to take serious note of the state of affairs if you want to succeed in the fight against the canker.

Furthermore, Mr President, Section 6 of Article 257 of the 1992 Constitution has vested all Minerals in the President on behalf of and in trust for the people of Ghana for a very good purpose. Lastly, Mr President Section1 and Section 2 of Article 269 of the 1992 Constitution provided for the establishment of relevant Natural Resources Commissions namely Forest Commission, Water Commission and the Minerals Commission and granted the approval (it should be corrected in the Constitution to read recommendation) of the granting of Rights, concession or contracts in respect of the exploitation of any mineral, water, timber or other natural resources of Ghana for a very good cause.

Mr President, despite the above provisions of the 1992 Constitution, the minerals and mining rights in Ghana has been mismanaged by the Small Scale Mining law of Ghana since 2006 which is embedded with the passage of the Minerals and Mining Law 2006 (Act703). Mr President as part of my fix the Country Agenda or Campaign and thanks to Modern Ghana and News Ghana for a lucrative (valuable) platform to do so, I wish to state that as a person who got enlisted in the Ghana Army as a measure to ensure Ghana is on the right path of her National Development and now no more in the active Service with the Ghana Army but still with the vim, I wish to add that what I am saying herein is the honest truth and nothing but the truth so help me Almighty God, hence without fear or favour, I wish to inform you that the Presidency through the Office of the Attorney General and Parliament in 2006, woefully failed this Nation by not giving a clarity on Small Scale Mining.

It may be that the then affected persons failed to appreciate that Galamsey is Small Scale Mining and Small Scale Mining is Galamsey (period). Please you may contact one Mr Tetteh, one time responsible for the Small Scale Mining section of Minerals Commission stationed in Tarkwa between 2004 and 2012 or so or Dr Tony Aubyn, a former CEO of the Minerals Commission to authenticate this assertion. Otherwise simply Google for Small Scale Mining and you will be educated that Small Scale Mining is same as Galamsey operation because it is somehow regarded as an International risk or Disaster or Emergency area involving millions of people working in the sector as a poverty driven venture since the creation of earth and the operators see Small Scale Mining as God given right for them to escape from their poverty misery. So it is wrong for the involvement of business tycoons who have several properties and millions of Cash in their bank accounts to be involved in Small Scale Mining. That is the woes of Ghana, so President Nana Addo our show boy I will give you the answer to solve this canker.

But for the historical records, let me say that it was and is very sad that the then regime of President Kofour in 2006 in his attempt to get Ghanaians in the Commanding Height in the Mining sector, sent some Ghanaians to China between 2006 and 2008 to go and learn about mining and the causal effect is innocent Aisha Huang and other innocent Chinese lured by those who went to China (simply Ghanaians in general) into the mining business. It is also a historical fact supported by copious Research in 2015 that between 2006 and 2015 and I wish to add even now (that is 07 September 2022), the State of Ghana through the Presidency including yours and the Minerals Commission aided and abetted Chinese in Small Scale Mining and thus made Aisha Huang a victim of the incompetency and massive corruption of State Officials and the greediness by some Ghanaians tycoons. That is the gospel truth.

I have made several submissions to your office personally at my cost as well as to the Ministry of Lands and Natural Resources, the Minerals Commission and publications in Modern Ghana, that Mining is a capital intensive sector and to fulfil the dream of ex-President Kofour for Ghanaians to be in the commanding heights in the Mining Sector, you, the President of Ghana (since the buck stop with the President) must come out with a third classification in the mining nomenclature as Medium Scale Mining for Ghanaians to officially collaborate with foreigners especially the Chinese who due to their support in national development should be seen now as God send for us to see how we can collaborate to develop this Nation. The vivid investment of the Chinese in Ghana can be seen from Kumasi through Obuasi to Tarkwa. Almost all the acclaimed licensed Small Scale Miners in Ghana were/are frontmen. Frontwomen for foreigners especially Chinese, I have a profile of most of them. Ghana lost over US$5Billion of USA Dollars yearly through Small Scale mining. And we are begging for a loan of just 1.5US$Billion from IMF with a conditionality

So, please stop the persecution of Aisha Huang for her alleged involvement in mining and let us see her plight as a victim of greedy Ghanaians, so that we use her as a lesson learnt from our foolishness, Incompetency and the massive corruption of State Officials and the greediness by some Ghanaians tycoons (the story ex-Shaanxi Mining a Chinese Mining Company which novate or navigated from Small Scale Mining to large Scale Mining in the Talensi District speaks volume of the weaknesses of the Presidency, Mineral Commissions and some of the citizenry especially politicians/business persons ) . That is the gospel truth.

Mr President aside the time my boys arrested Aisha Huang in a Mining area of Bogoso Mine, she has never been arrested by the State in a Mining area, check from Immigration and the Police or from the Ashanti Regional Minister for facts. The arrest effected in 2018 or so was at her house at Ahadwzo and her deportation was done by Immigration Service after a discussion by then Head of Immigration Service with the Minister of Interior namely Hon Ambrose Dery (my good brother and my mate in Navrongo Secondary School as stated in) as stated in 2018 by some of the media especially Modern Ghana on the ground for breaking immigration law not illegal mining for which she was then wrongly arraigned and shockingly with a charge from a repealed law as explained below.

So, If honestly and truly she was deported, then she erred by coming back that led to her second arrest but please not arrested in a mining site but in Kumasi as allegedly said by the Ashanti Regional Minister. So one of the offences or charges that reportedly she has offended at section 99 of the Minerals and Mining Law 2006 (Act703) is not supportable with evidence and even the charge use beside a repealed one is also a very weak one because she was caught at her house as stated earlier. But if it is true that she was really arrested at a Mining area, then the Prosecutor need to revise his notes and so his attention should be drawn that he has used a repealed or wrong law to charge her because section 99 of Act 900 of the Minerals and Mining law 2015 (Amendment) has repealed by the amendment of Section 99 of the Minerals and Mining Law 2006, so her lawyers if they are competent can get her free of this particular crime.

To sum up, Mining is capital intensive, so please introduce Medium Scale Mining to allow Ghanaian frontmen and frontmen, our trademark in all business sectors, thus include the Mining Sector to officially collaborate with foreigners especially Chinese

MAJOR MOHAMMED BOGOBIRI (RTD)

0501387764