The amended act, which criminalises illegal mining, prescribes a punishment ranging from 15 to 25 years imprisonment for individuals engaged in galamsey.
Aisha Huang's case, however, resulted in a much milder sentence, along with a GH¢48,000 fine, sparking concerns about the effectiveness of the legal deterrent.
Aisha Huang was initially arrested in 2017 for her role in the illegal mining which has been a significant environmental concern in Ghana. After spending several years in custody, she faced charges ranging from illegal mining to engaging in small-scale mining without the necessary legal authorisation.
Contrary to expectations of a more severe penalty, the court handed down a four and half years sentence, prompting questions about the rationale behind the decision.
Reports suggest that the Attorney General and Minister of Justice, Godfred Dame, has expressed a desire to seek an extension of Aisha Huang's sentence.
However, legal analysts indicate that such an attempt may face challenges due to the legal principle outlined in Article 19 (6).
This article states that when a person engages in an offence today, a severe punishment cannot be imposed on the person more than the maximum punishment that ought to have been imposed at the time of engaging in that offence.
This report seeks to explain why the court pronounced just four and half years on the Chinese nations as explained by a journalist with Accra-based Citi TV/FM.
“Aisha Huang was arraigned under a law that prescribed a maximum penalty for engaging in illegal mining was five years, Act 2006 (703) of the Mineral Mining Act. It is simply to say that because Aisha Huang was arraigned under the law where if she had been prosecuted, the penalty she could have gotten was a max of 5 years.
“The court cannot at this time say it is imposing 15 or 25 years on her just because there is a new legal dispensation, hence the four and half years plus the fine attached,” he said.
Ghana’s leading digital news platform, GhanaWeb, in conjunction with the Korle-Bu Teaching Hospital, is embarking on an aggressive campaign which is geared towards ensuring that parliament passes comprehensive legislation to guide organ harvesting, organ donation, and organ transplantation in the country.
NW/NAY
You can also watch the latest episode of Everyday People on GhanaWeb TV below:
Convicted Chinese national, En Huang (Aisha Huang)