Aisha Huang charged with offences under a repealed law, she will walk free – Legal Practitioner

A legal Practitioner, Vitus Gbang has said the law under which the Chinese Kingpin, Aisha Huang and her partners are being trial is a repealed law hence she will likely go ascot-free if trail continues with the statute.

According to him, Ms Huang is currently facing charges under the Minerals and Mining Amendment Act of 2015, Act 900 which was repealed by the Minerals and Mining amendment Act of 2019, Act 995.

He explained although the charges are convictable, the 2019 act renders the 2015 Act non-existing as such nobody can be imprison under it.

Mr Gbang was speaking on TV3 Midday News on Wednesday, September 15, monitored by GhanaPlus.com.

“My initial comment is that the charges that have been leveled against Aisha Huang and her Chinese partners I think are quite laughable for now. The reason is that the accuse persons have been charged with offences under a repealed law, a law that is no longer in existence.

“They have been charged under the Minerals And Mining Amendment act of 2015, Act 900 which have been repealed by the Minerals And Mining Amendment Act of 2019, act 995 so in law if a person is charge under a repealed law not even excuse me to say a new king can save the prosecution,” the renowned legal practitioner revealed.

He explained by for public interest, or oversight of the Judge and Aisha’s lawyers,  the accuse would have been granted bail or the case strike outrightly.

Nobody can be jailed under a repeal law- Gbang

Mr Gbang, however, noted changes can be made to charges to make it appropriate for prosecution.

“But I must admit that it is early days yet and it is possible that the Attorney General may advice them to withdraw the charges and substitute those charges with new charges that accord to the law but for now they have been charged under a repeal law, Minerals And Mining Amendment Act of 2016, Act 900 has been repealed and is no longer in force and nobody can go into prison for an offence under such a statute, a repealed statute for that matter,” he said.

“Let me reiterate that I am not saying that the charges that have been level against her cannot lead to conviction. Am saying that the law that they were charged under is a repealed law and on that basis alone without more they cannot be incarcerated and convicted and sentence to imprisonment”.

“And indeed is just because of the public interest in the case, otherwise if the judge himself or herself has averted his or himself mind to the fact that the accused person were arraigned before a repealed law or if the counsel for the cause persons have averted his mind to that, am sure that they would have granted bail or they would have even strike it out completely and given the state the opportunity, if the state is so minded to re-arraign them before court,” Vitus Gbang added.

Aisha Huang, is facing charges of mining without incenses as well as engaging in the sale and purchase of minerals without valid license.

Aisha Huang back in Ghana, re-arrested for illegal mining

The Chinese national and a kingpin in the Ghanaian illegal mining sector is back in the country 4years after she was deported in 2018 for engaging in the illegal business.

Report said she arrived in Ghana early last year through Togo and has since been in the illegal mining business, the very business which warranted her deportation.

The galamsey queen as she is called have been re-arraign before an Accra Court and remanded into prison custody together with four other Chinese nationals.

She is said to have registered unto the Ghana Identification Authority’s Ghana Card with the name Aisha En.

Source: GhanaPlus.com