The second prosecution witness in the case of the Republic versus Aisha En Huang, has told the High Court presided over by Justice Lydia Osei Marfo, that the Chinese national charged with the offence of engaging in illegal mining and breach of Ghana’s immigration laws, obtained her indefinite resident permit status by fraud.
According to Superintendent of Immigration, David Essien, who’s witness statement was admitted after the Court overruled an objection to its admissibility by defence lawyers, Aisha En Huang’s immigration status was obtained by marriage. However, the said marriage was forged.
The immigration officer made the disclosure in Court while answering questions under cross-examination by lawyer for the accused person, Captain Rtd Nkrabeah Effah-Dartey.
Question: You told this court that you met the accused on two separate occasions, correct?
Answer: Yes my lord.
Question: On the first occasion it was in connection with a publication on myjoynline, correct?
Answer: Yes, my Lord.
Question: In reference to that publication, your boss ordered you to ascertain the immigration status of the accused, correct?
Answer: Yes my lord.
Question: So your first encounter with the accused was reference her immigration status only, not so?
Answer: “No my lord. My lord, according to my witness statement, I said it was to ascertain her immigration status and the situation on the ground.
“On the face of her passport when we examined it, the accused was on indefinite permit status which was granted to her based on her supposed marriage to a Ghanaian known as Anthony Fabian.
“However, investigations conducted by the Ghana immigration service established that the accused used a forged marriage certificate and a forged Ghana passport in support of her application for the indefinite resident permit.
“My Lord, as a result of this the controller general of the Ghana immigration service revoked the indefinite resident permit on grounds of fraudulent misrepresentation in accordance with section 22(2a) of Immigration Act, 2000 (Act 573), which led to the subsequent repatriation of the accused on 19 December 2018”.
Justice Lydia Osei Marfo’s Court based on the request of defence lawyer, Captain Rtd Nkrabeah Effah-Dartey, adjourned sitting to Tuesday 15 November 2022, for cross-examination of the second prosecution witness, Superintendent of Immigration, David Essien, to continue.
The Attorney General (AG), Godfred Yeboah Dame, took over the file of Aisha En Huang, from the Police after she was found and rearrested in Ghana several years after she was deported from the country.
The AG subsequently slapped her with four charges for which, she is standing trial.
In Court on the 2 November 2022, the Director of Public Prosecution, Yvonne Atakora Obuobisa confirmed that the State had filed all witness statements and supporting documents it intends to rely on for the trial.
The Court proceeded to set down the case for trial, commencing, Wednesday 9 November 2022.
The first charge against Aisha En Huang, is “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”.
The state’s argument in respect of the first charge is that “on or before February 2015 and May 2017”, [Aisha Huang] without a licence from the Minister responsible for Mines”, she “undertook mining operations at Bepotenten in the Amansie Central District of the Ashanti Region”.
The second charge, “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”.
On this charge, the state contends that En Huang Aisha, a Chinese, between February 2015 and May 2017, facilitated the participation of Gao Jin Cheng, Lu Qi Jun, Haibin Gao and Zhang Zhipeng in mining operations without a licence from the Minister responsible for Mines to conduct the mining operations at Bepotenten in the Amansie Central District of the Ashanti Region.
The third count according to the charge sheet is “illegal employment of foreign nationals contrary to section 24 of the Immigration Act, (2000), Act 573”.
The state contends that En Huang Aisha, in May 2017, illegally employed four Chinese nationals, namely Gao Jin Cheng, Lu Qi Jun, Haibin Gao and Zhang Zhipeng to work at an illegal mining site in the Amansie Central District of the Ashanti Region.
The last charge is “entering Ghana while prohibited from re-entry contrary to section 20(4) of the Immigration Act, (2000), Act 573”, with the state contending that on 2nd September 2022, En Huang Aisha, was arrested in Kumasi and found to have re-entered Ghana when she knew she had been barred from entering Ghana.
En Huang Aisha, has pleaded not guilty to all four counts preferred against her by the State. She has been refused bail after multiple applications for same by her lawyer, Captain Rtd. Nkrabeah Effah-Dartey. She has been remanded into prison custody pending the completion of her trial.