The Attorney General and Minister of Justice, Godfred Dame, said he will test the soundness of the trial court’s decision to punish the prominent illegal miner, Aisha Huang, under the Minerals and Mining (Amendment) Act, 2015 (Act 900).
He said he will appeal the judgement at the Court of Appeal to ensure that the new sentencing regime imposed by the Minerals and Mining (Amendment) Act, 2019 (Act 995), is applied to the accused person.
Aisha Huang was jailed for four and a half years on Monday, December 4, 2023, after being found guilty of mining without a license. The court also slapped her with a GH¢48,000 fine.
The Judge, after considering the case of the prosecution and defense, found the accused guilty. The accused was previously let go on similar charges, but the judge could only impose a four-year sentence because the law for which she was being prosecuted was the old legal regime, which had five years as the highest sentence.
The new Act imposes a jail term of over 20 years for such offenses.
The Attorney General in a statement issued on Tuesday said “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.”
Mr. Dame also appealed to Ghanaians to be mindful of their comments on the judgement of the illegal miner, Aisha Huang.
This follows some alleged misleading comments made by a section of the public in reaction to the judgement.
“The Attorney-General hereby, respectfully, entreats members of the public including lawyers, to be mindful of the facts stated above and desist from comments which not only jeopardise the sound and efficient administration of justice but also undermine the fight against illegal mining (galamsey),” Mr Dame said.