Deputy Attorney General Alfred Tuah-Yeboah has provided clarification regarding the comparatively lenient prison sentence and fine handed to Chinese illegal mining kingpin Aisha Huang.

He explained that Aisha Huang was prosecuted for her participation in illegal mining activities between 2015 and 2017, a period predating the passing of the amended law.

Tuah-Yeboah underscored that there is no evidence indicating her involvement in illegal mining subsequent to her return to Ghana in 2022, following her initial deportation in 2018.

This distinction in timelines played a crucial role in the legal proceedings and the sentencing.

"When we arrested her last year [2022], there was no evidence that when she came back to Ghana, she committed illegal mining offenses. We probed into it and we didn’t find any evidence. If there had been, it would have been another matter," he said.

Mr. Tuah-Yeboah's clarification comes in response to public scrutiny over the imprisonment of the Chinese national, Aisha Huang, for four and a half years and a GH₵48,000 fine. Some Ghanaians questioned the perceived leniency of the punishment, considering the extensive environmental damage caused by the 'galamsey' queen's operations.

Speaking on JoyNews' PM Express on Monday, the Deputy Attorney General explained that the case was based on evidence collected between 2015 and 2017. He highlighted the prosecution's reliance on various testimonies, including those from local farmers who claimed that Miss Huang had negotiated with them to use their land for illegal mining.

Mr. Tuah-Yeboah also commended the Ghana Immigration Service for its crucial role in the case. The service had arrested the illegal mining kingpin in 2018, leading to her subsequent deportation. The timeline and the evidence presented during the specified period were key factors in the legal proceedings and the resulting sentence.

"The law is about evidence and not speculation. Aisha Huang’s case was prosecuted based on the evidence that we had between 2015 and 2017. Nothing more, nothing less," Tuah-Yeboah reiterated.

"If you have a new law that has reduced the punishment under the old law, use it. But if the old law is lesser than the new law, use the old law; that is the law," Tuah-Yeboah explained.

The Deputy Attorney General expressed the Attorney General's office's inclination toward a harsher sentence for Miss Huang, citing the minimum sentencing guidelines applicable to foreign nationals. However, he reiterated that the judge had adhered to constitutional provisions and the interpretation act by applying the appropriate sentencing guidelines.

The Amended Minerals and Mining Act not only increases penalties for illegal mining but also explicitly criminalizes aiding and abetting illegal mining activities and the use of certain equipment for mining in water bodies. It mandates a minimum sentence of 15 years and a maximum of 25 years for foreigners engaged in illegal mining, with deportation following their sentence.

Notably, the amended law has been enforced against some Ghanaians. In October 2023, the Tarkwa Circuit Court sentenced twenty-one Ghanaians to a total of 340 years in prison for illegal mining in the Western Region.

The court, presided over by Hathia Ama Manu, also imposed fines totaling GH¢2.52 million, in addition to the jail terms ranging from 15 to 20 years.

Despite their initial pleas of not guilty, the court found them guilty, concluding that the prosecution, led by the Attorney-General’s Office in Sekondi, had sufficiently proven their guilt beyond a reasonable doubt.