Mining
Aisha Huang repatriated on Ethiopia Airlines on December 19, 2018
It has been established that En Huang also known as Aisha Huang was repatriated from Ghana to China on Ethiopia Airlines on December 19, 2018.
With Aisha Huang occupying seat number 32 F (Economy Class) Ethiopia Airlines Flight Number ET 920 took off from Kotoka International Airport at about 12:50pm on December 19, 2018.
The flight was enroute from KIA through Addis-Ababa to Guangzhou in China.
Aisha Huang’s travel documents were handed over to the captain of the flight to be handed over to her upon arrival at her final destination at Guangzhou-China.
These revelations are contained in the facts of the case presented to the court by the Attorney General and Minister of Justice.
Contradictions cleared
This should settle the contradictions by various state agencies including the police who told the court last week that the suspect sneaked out of the country to evade prosecution and President Nana Akufo-Addo saying he was not sure if Aisha Huang was deported from Ghana.
4 new charges
Four new charges preferred against Aisha Huang are undertaking a mining operation without a license, facilitating the participation of persons engaged in a mining operation, and the illegal employment of foreigners and entering Ghana while prohibited from re-entry.
Other suspects
Aisha Huang, alongside Jong Li Hua, Huang Jei and Huaid Hai Hun, were arraigned on Friday before the Criminal Division of the High Court presided over by Justice Lydia Marfo.
Suspected remanded into prison custody
Lawyer for the accused put in a bail application which was denied and the accused were remanded into prison custody.
Undertaking a mining operation without a licence
Undertaking a mining operation without a licence contrary to section 99(2)(a) of the Minerals and Mining Act, 2006, Act 703 as amended by the Minerals and Mining (Amendment) Act 2019, Act 995.
Facilitating the participation of persons engaged in a mining operation
Facilitating the participation of persons engaged in a mining operation contrary to section 99 (2)(a) & (3) of the Minerals and Mining Act, 2006, Act 703 as amended by the Minerals and Mining (Amendment) Act 2019, Act 995.
Illegal employment of foreign nationals
Illegal employment of foreign nationals contrary to section 24 of the Immigration Act, 2000 (Act 573).
Entering Ghana while prohibited from re-entry
Entering Ghana while prohibited from re-entry contrary to section 20(4) of the Immigration Act, 2000, Act 573.
Facts of the case since 2017
On May 5, 2017, officers of the Obuasi Municipal Command of the Ghana Immigration Service (GIS) arrested four male Chinese nationals namely Gao Jin Cheng, Lu Qi Jun, Haibin Gao and Zhang Zhipeng who were actively mining at an illegal mining site at Bepotenten in the Amansie Central District of Ashanti Region.
Upon their arrest, the four Chinese nationals told the arresting officers that they were sent to mine at the site by Aisha Huang and their passports were with her in Kumasi.
The arresting officers sent the four arrested persons first to Obuasi Office of GIS and subsequently to GIS Regional office in Kumasi.
En Huang also known as Aisha Huang who had received information about the arrest of her Chinese employees, proceeded to the Regional GIS office in Kumasi to find out if they had been brought there even before the arresting officers arrived in Kumasi.
When she found out that her arrested employees had not arrived in Kumasi, she left the GIS office.
The Regional Immigration Officer at Kumasi later called Aisha to report to office with the passports of the four arrested illegal miners.
With great difficulty, En Huang eventually produced the passports of only Haibin Gao and Zhang Zhipeng.
The visas of these two arrested persons showed that they came to Ghana on B-1 (Business) visas which did not qualify them to be engaged in any type of work in Ghana.
They were however, engaged by En Hunag to undertake mining operations without the requisite licence at Bepotenten.
En Huang took over the farms of several farmers
Investigations discovered that En Huang took over the farms of several farmers by mining around their farms and destroying access routes to the farms till they eventually gave over their farms to her for mining purposes.
Cash crops, sources of drinking water destroyed
She had in the process of mining destroyed their cash crops, sources of drinking water and livelihoods.
First prosecution
En Huang was arraigned before an Accra High Court on charges of illegally undertaking small-scale mining operations contrary to sections 99 of the Minerals and Mining Act, 2006, Act 703 and illegal employment of foreigners contrary to section 24 and 52(1) (d) of the Immigration Act, 2000, Act573.
nolle prosequi
On December 19, 2018, the Attorney General entered nolle prosequi and terminated the trial.
En Huang’s permit revoked
The same day, the Comptroller-General of Immigration revoked En Huang’s permit to remain in Ghana indefinitely, ordered her immediate repatriation to China and directed En Huang to stay out of Ghana until the Comptroller-general approve of her future re-entry into Ghana.
Ethiopia Airline flight number ET 920
Consequently, En Huang was put on Ethiopia Airline flight number ET 920 which took off at about 12:50pm on December 19, 2018 to Addis-Ababa enroute to Guangzhou.
Seat number 32 F
She sat on seat number 32 F (Economy class) and her travel documents were handed over to the captain of the flight to be handed over to her upon arrival at her final destination at Guangzhou-China.
Re-entered Ghana
Contrary to the direction of the Comptroller-General, issued under section 20(2) of the Immigration Act, 2000, Act 573, state security agents received information that she had re-entered Ghana and she was subsequently arrested in Kumasi on September 2, 2022.
This re-entry is in total defiance of the clear order of the Comptroller-General dated December 19, 2018.
She has 2 different passports
Upon her arrest, En Huang had in her possession two Chinese passports, one in the name of En Houng and another in the name Huan Ruixia both of which had her photographs.
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President Nana Addo Dankwa Akufo-Addo has directed the Police to investigate allegations by Professor Kwabena Frimpong-Boateng regarding the involvement of some government officials in illegal mining activities.
Checks by The Finder with the Police confirmed that the directive was issued last week.
Special Investigation Unit
Following the directive, the checks revealed that the Special Investigation Unit (SIU) of the Criminal Investigation Department (CID) at Headquarters has commenced investigation into the matter.
The former Minister of Environment, Science, Technology and Innovation also alleged that even some staff at Jubilee House and New Patriotic Party (NPP) bigwigs are involved in illegal mining.
Ousted by persons in galamsey?
Prof. Frimpong-Boateng in a recent interview with the state broadcaster GBC alleged that he was ousted from his position to pave the way for NPP bigwigs and government officials to continue their galamsey activities.
“Let me tell you that I did not take one excavator for anything, they know the truth. Now things are coming up, we know those who are behind it and the party people who are there, people in government including Jubilee House who are doing galamsey and so on, even now.
“There was an orchestrated scheme, even within the party and government to get me out. Why is it that when I left now everyone is in the forest?”
Prof. Frimpong-Boateng’s son accused of mining in forest reserves
Jojo Frimpong-Boateng, the biological son of Prof. Frimpong-Boateng was accused of having links with a company called Symphony Limited allegedly involved in mining in Ghana’s forest reserves.
Audio recording
While in office in 2020, an audio recording surfaced online with the voice of Prof. Frimpong-Boateng interacting with some persons believed to be NPP members and in the said recording, Prof. Frimpong-Boateng was heard allegedly agreeing to granting them the green light to engage in galamsey.
Scandals of Inter-ministerial Committee on Illegal Mining
The Inter-ministerial Committee on Illegal Mining (IMCIM) headed by Prof. Frimpong-Boateng was hit by a number of scandals including corruption allegations levelled against some of its leaders as well as claims of 500 excavators seized from illegal small scale miners missing.
“Though the excavators were seized and taken to the district assemblies, the heavy-duty machines disappeared later from the premises of the assemblies,” he said.
CID arrest 6 in connection with missing excavators
The CID of the Ghana Police Service on Monday 3rd February, 2020, arrested six persons in connection with the missing excavators and other seized equipment from illegal miners in the country.
Among them is the suspended New Patriotic Party Central Regional Vice Chairman, Horace Ekow Ewusi.
The others include Frederick Ewusi, Joel Asamoah, Adam Haruna, Frank Gyan and John Arhin.
157 excavators
However, the then Lands and Natural Resources Minister, Kweku Asomah Cheremeh, said his outfit had 157 excavators in its possession.
There were 122 excavators in Adentan, 26 in Obuasi and nine in Tarkwa.
Following the scandals Nana Addo Dankwa Akufo-Addo dissolved the IMCIM in January 2021 and assigned Lands and Natural Resources Ministry the lead role in the galamsey fight.
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The Deputy Minister for Lands and Natural Resources responsible for Mines, George Mireku Duker has noted that the return of the Ankobra River and other water bodies to their pure status is a reflection of the strides made by government’s fight against illegal mining.
According to him, the progress made in the turbidity level of the waterbodies is indicative of the fact that the anti-galamsey fight is yielding results.
Speaking after the tour of the Ankobra River which is fast regaining its authentic and clean status on Thursday, 16th February 2023 , Mireku Duker commended the various stakeholders for their respective roles in the fight against illegal mining.
While commending the various agencies and Ghanaians for their efforts, Mireku Duker maintained that government will not take its foot off pedal and will press on with the measures that have resulted in the gains made so far.
He noted that the training of river wardens to compliment the Operation Halt II taskforce is another laudable initiative by government that has contributed significantly to the liberation of water bodies from galamsey operations.
He urged all individuals especially Chiefs, MMDCEs and the general public to join forces with government in its bid to protect the water bodies.
He reiterated government’s aversion on the ban of small-scale mining and expressed that government through the Community Mining Scheme and other innovations will transform the small-scale mining sector.
“We should take full responsibility of protecting Ghana’s river bodies. We have roles to play including MMDCEs and we must all commit to protecting our water bodies.
“There are suggestions for government to close down small-scale mining activities but we are aware of the number of job opportunities created in the small-scale mining sector.
The DCE for Ellembelle District, Kwasi Bonzo said the people of Ellembelle will not sit down aloof and watch others destroy their livelihoods.
Dorcas Amoah, DCE for Nzema East commended the government for the Community Mining scheme in the area, revealing that many lives have been impacted positively by the innovative mining scheme
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The Forestry Commission has demobilized equipment being used for illegal mining in the Atewa Forest in the Eastern Region.
The demobilization was carried out at a mining site outside the Forest Reserve which has affected 0.6 hectares of the reserve.
A statement issued by the Commission said no one was found at the site where the illegal mining was taking place.
The Commission said it is working with Operation Halt II to ensure that no illegal mining activity takes place in the Forest Reserve.
It assured that the necessary steps are taken to reclaim portions of the Forest Reserve affected by the illegal activity.
The Commission said it has reported the incident to the Kyebi District Police Station and will work with them and other agencies to smoke out the perpetrators and deal with them.
It assured the public of continuous commitment to work with all stakeholders to protect all Forest Reserves in the country
It will be recalled that eleven persons who were involved in illegal mining in the Atewa Forest were given prison sentences of between five and 15 years.
Koforidua Circuit Court B sentenced them after they were found guilty of engaging in the dig and wash model of illegal mining in the Atewa Forest Reserve, contrary to the
country’s mining laws which bar mining in forest reserves.
The 11 convicts are among 55 persons who were arrested by officials of the Forestry Commission in 16 different operations in the Atewa Forest between January and April 2022.
A document detailing the progress report on the cases revealed that the 44 people were on remand at the time.
Three of the convicts – Alhassan Lariba, Foster Boakye and Kwaku Ampofo, who were arrested at the Pameng portion of the Atewa Forest, were sentenced to 3,000 penalty units, amounting to GH¢36,000 in addition to five years’ imprisonment.
In another case, George Asare and Godwin Ahadzi, who were arrested at the Asiakwa portion of the Atewa Forest, were fined 10,000 penalty units, amounting to GH¢120,000 or they would spend 15 years in prison.
Again, Isaac Kofi and Yaw Boadi, who were arrested in the Obourho portion of the forest, were fined 10,000 penalty units of GH¢120,000 in addition to 15 years’ imprisonment with hard labour.
Three other illegal miners – Bismark Dompreh, Kwasi Samuel and Kwadwo Baah – were handed 15 years sentence and a fine of GH¢1,000 each.
The illegal miners were arrested at various locations in the Atewa Forest, including Sagyimase, Pameng, Asiakwa, Ahwenease, Juaso, Obourho, Potroase and Apenaman,
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