The Attorney General and Minister of Justice, Godfred Yeboah Dame, has announced his intention to challenge the trial court’s decision regarding the sentencing of illegal miner Aisha Huang under the Minerals and Mining (Amendment) Act, 2015 (Act 900).
Mr Dame plans to appeal the judgment at the Court of Appeal, aiming to ensure that the updated sentencing provisions introduced by the Minerals and Mining (Amendment) Act, 2019 (Act 995), are applied to Aisha Huang.
Aisha Huang was sentenced to four and a half years in prison on December 4, 2023, for mining without a license, along with a GH¢48,000 fine. The judge, considering both prosecution and defense arguments, found Aisha Huang guilty.
Notably, the accused had previously been acquitted of similar charges, but the judge could only impose a four-year sentence due to the older legal regime, which had a maximum penalty of five years.
The new Act introduces a significantly higher jail term of over 20 years for such offenses.
In a statement issued on Tuesday, the Attorney General acknowledged the efficiency of the justice delivery system in Aisha Huang’s trial.
“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.”
However, he expressed the intention to test the trial court’s decision by filing an appeal at the Court of Appeal.
The objective is to ensure that the updated sentencing regime stipulated by Act 995 is appropriately applied to Aisha Huang.
Additionally, Mr. Dame appealed to the public, urging caution in commenting on the judgment.
He highlighted concerns about misleading comments and emphasized the need to avoid statements that could undermine the efficient administration of justice and the ongoing fight against illegal mining (galamsey).
“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.
