A Private legal practitioner, Mr Bobby Banson has said that aspects of the particulars of offence against Chinese Galamsey queen, Aisha Huang are laughable.
He says he is waiting to see an amended charge sheet to reflect the changes that have to be made.
The Attorney General’s Department last week filed four charges against Aisha Huang, over her offences between 2015 and 2017 as well as her re-entry into Ghana.
The docket for her previous offences were requested by the Attorney General and Minister of Justice early this month after she was re-arrested for committing similar offences prior to 2018.
Her prosecution was, however, truncated after a nolle prosequi was filed by the state.
She was said to have been deported to her home country afterwards, a move on which doubts have been cast, especially recently after President Nana Addo Dankwa Akufo-Addo expressed uncertainty in a radio interview.
“When you have the situation like this woman [Aisha Huang]…I am not still sure whether she was in fact deported or whether she fled the country the first time and has now come back or whatever but there still seems to be some uncertainty about it,” he said in a radio interview while on tour in the Volta Region.
“Whichever way it is, she’s become the sort of nickname for all that galamsey represents and unfortunately also for the involvement of Chinese nationals in Ghana in this particular illicit trade,” he stated on Ho-based Stonecity Radio.
Assessing the charges against Aisha Huang while speaking on the Key Points on TV3 Saturday September 17, Mr Bobby Banson said “Entering Ghana while prohibited from reentry contrary to section 20(4) of the Immigration Act. The particulars of offence: ‘Aisha Huang, a Chinese on 2nd September 2022, you were arrested in Kumasi and found to have re-entered Ghana when you knew you had been barred from from entering Ghana.’
“Here is the laughable particulars of offence and until I see and amended charge sheet or amended particulars of offence to bring sufficient facts to show the demonstration of this current executive to the fight against galamsey, these charges may not wash in the long run. Because there are two kinds of prohibited persons from entering Ghana , if you are deported or repatriated. If you are deported it must be with Executive Instrument signed by the Minister of Interior. We were told that she was deported [but] we have not seen any Executive Instrument to that effect. So legally, it could not have been possible for her to have been deported. Maybe, the president said she may have been repatriated, the repatriated should have been done by an order signed by the Comptroller General with the conditions of same.
“Now, if she fled the country which we are being told may be the possibility, how could she have been known that she is not allowed to come back if she fled? They said ‘when you knew you had been barred from coming to Ghana’. It means there was formal communication in writing to her that ‘we are taking you out and you cannot come back’.
“When was this formal communications served on Aisha Huang? Who signed that document? When was she taken out of the country? If these facts are known to the prosecutors, I expected the particulars of offence to perhaps, have read ‘You Aisha Huang, a Chinese on the 2nd of September 2022 were arrested in Kumasi, having found to have re-entered on…they must tell us the date she re-entered, when you knew by either deportation order or a repatriation order dated so and so and so, you are barred from entering Ghana’. If these facts are not there it means there are indeed powerful person behind this woman. ”
By Laud Nartey|3news.com|Ghana