Aisha Huang convicted after changing her plea to guilty on immigration offense

Galamsey kingpin, En Huang aka Aisha Huang, has been convicted by the High Court in Accra after changing her not guilty plea to guilty to an immigration offense.

The embattled galamsey kingpin changed her not guilty plea on the charge of “Entering Ghana while prohibited from re-entry contrary to section 20(4) of the Immigration Act, 2000, Act 573.”

This was after she entered into a Plea Bargaining agreement with the State (office of the Attorney General).

After her plea was retaken, on Wednesday, May 3, the Criminal Division of the Accra High Court presided over by Her Ladyship Justice Lydia Osei Marfo, convicted her and deferred her sentencing to after the end of the trial in respect of the three remaining charges.

Ms Huang was on September 16, 2022, charged with four counts of undertaking a mining operation without a licence, facilitating the participation of persons engaged in a mining operation, the illegal employment of foreigners and entering Ghana while she had been prohibited from re-entry. 

In court on Wednesday, the Prosecution led by Deputy Attorney General Alfred Tuah Yeboah, closed its case after calling 11 witnesses.

The defence has been ordered to file their submission of no case to answer by May 16 while the Prosecution is to respond by May 24.

The case has been adjourned to May 25, 2023.

Evidence in chief

Superintendent Divine Ahumah Ocansey, the 11th and last prosecution witness in the trial testified that the accused forged documents to obtain a residential permit. 

According to the witness, an officer of the Ghana Immigration Service (GIS), Huang forged her marriage certificates to acquire permits.

Explaining further, Superintendent Ocansey told the Court that the accused, who is also known as En Huang, was admitted into the country on May 28, 2010, and was granted a 30 days visitor’s visa.

He noted that Aisha travelled in and out of the country on visitor’s visas until she obtained a dependent permit on November 25, 2010, as the wife of Mr Anthony Fabien, a Ghanaian.

The dependent permit, he said, restricted the accused from working in the country but was renewed on April 28, 2015, when she obtained an indefinite residence permit as the wife of Anthony Fabien.

The 11th witness added that En Huang conducted mining operations at Bepotenten where she engaged the services of Lu Qi Jun, Gao Jin Cheng, Habin Gao and Zhang Zhipeng to mine at the mining site where the four Chinese nationals were arrested by the Obuasi GIS District Command on May 5, 2017.

He was discharged after further cross-examination by the defence lawyers led by Miracle Attachey.

Brief facts

Per the brief facts of the case as narrated to the Court by Detective Chief Inspector Frederick Sarpong were that, the Complainants in the case are Security and Intelligence officers based in Accra.

He said, all the accused are Chinese nationals who have gained notoriety in engaging in series of small-scale mining activities known as ‘galamsey’ across the country.

The prosecutor said, during the year 2017, the 1st Accused (Aisha Huang) was arrested for similar offence but managed to sneak out of the country averting prosecution.

Detective Chief Inspector Sarpong said, during the early part of 2022, the 1st Accused sneaked back into the country after having changed the details on her Chinese passport.

The Prosecutor said, the 1st Accused again resumed small-scale mining activities without licence and together with 2nd, 3rd and 4th Accused persons engaged in the sale and the purchase in Accra without valid authority granted as required by the Minerals and Mining Act.

He stated that the 2nd, 3rd and 4th Accused persons are also into the sale of equipment used in illegal mining activities.

They were subsequently arrested upon Intelligence while further investigations have commenced.