The Member of Parliament for Old Tafo, Vincent Ekow Assafuah, has expressed his full support for the decision of the Attorney-General to appeal the jail term handed to the Chinese national convicted for illegal small-scale mining,(galamsey), Aisha Huang.
Mr Assafuah contends that the judge committed an error in delivering a sentence of four and a half years in prison for Aisha Huang.
He highlighted the importance of a proper application of legal principles, specifically Articles 19(5) and 19(11), as prerequisites for initiating legal proceedings.
“The question is, was the judge wrong or did the judge err in pronouncing that Aisha Huang after her conviction be given a term of four and a half years? The combined effect of Articles 19 (5) and 19(11) is very clear. The combined effect is that at every material time, there should be a definition of an offense and that offense should also have the punishment that has been stated in a written law. To me, you cannot even go to court without Articles 19 (5) and 19(11). Articles 19(5) and 19(11), to me, is prerequisites for you to initiate Article 19(6), a prerequisite because you have to go to court first to initiate a prosecution against the person and after the conviction of the supposed accused person then Article 19 (6) can come in. That is why the edge said she cannot give any severe punishment to the accused person.
“I was tempted to lean with the A-G that there should be an appeal because to me the judge erred based on Article 19(6) because 19(5) and 19(11) is the combined effect for any initiation of any precautions,” he said on the Nig Issue on TV3 Wednesday, December 5.
The High Court, under the jurisdiction of Justice Lydia Osei-Marfo, sentenced Aisha Huang to four years in prison, as per the Minerals and Mining (Amendment) Act, 2015 (Act 900), and imposed a fine of GHC48,000.00.
The Attorney-General, Godfred Dame, has signaled his intent to appeal the judgment, aiming to ensure the application of the new sentencing regime introduced by Act 995.
This move underscores the commitment to punishing illegal mining offenses while addressing concerns about the nature of the punishment meted out to Aisha Huang.
The Attorney-General has urged the public, including legal practitioners, to be mindful of the facts surrounding the case and refrain from comments that may jeopardize the sound and efficient administration of justice or undermine the fight against illegal mining (Galamsey).
He expressed appreciation for the relatively swift delivery of justice in this case, emphasizing its significance in reinforcing the commitment to combating illegal mining activities.
