REPUBLIC VS CHEN GUIBIN & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARY M.E YANZUH
Areas of Law
- Criminal Law and Procedure
- Immigration law
- Evidence Law
- Constitutional Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Mary M.E. Yanzuh of the High Court adjudicated charges arising from raids on Resort Holiday Hotel and Xing Di Hotel in Asankragua, Amenfi West, targeting illegal gold trading and associated offences. The prosecution’s case drew on evidence from police and National Security operatives, as well as a Ghana Immigration Service report concerning Chinese national Lu Xianchu (A2). After plea agreements resolved matters for other accused persons, the court proceeded against A2 in absentia under Article 19(3)(a), citing Bonsu Alias Benjillo. Evaluating witness testimony, the court found no credible evidence that A2 engaged in gold trading without a licence and acquitted him on Count One. Conversely, immigration records showed A2’s 60‑day permit had expired on 1 January 2021 and he remained in Ghana in May 2021; the court convicted him on Count Six and imposed five months’ imprisonment and a 300 penalty unit fine, issuing a warrant and recommending removal by the Comptroller‑General.
Article 19(3) a of the Constitution 1992 provides that: “The trial of a person charged with a criminal offence shall take place in his presence unless(a) he refuses to appear before the Court for the trial to be conducted in his presence after he has been duly notified of the trial. ”The accused persons were arraigned before this court on the 16th of July 2021 on a charge sheet filed at the Registry of this court on the 15th of July 2021. The A1, A2, A4, A5, and A6 who are Chinese nationals pleaded not guilty to the charges preferred against them after same had been read and explained in the Chinese Language.
The A3 and A7 who were Ghanaians pleaded not guilty to the charges after same were read and explained to them in the Twi Language.
The charges preferred against the accused persons are as follows: STATEMENT OF OFFENCE COUNT ONE Buying and Selling Minerals without a licence contrary to section 99(1)(a) of the Minerals and Mining Act, 2006 (Act 703) as amended by the Minerals and Mining (Amendment) Act, 2019(Act 995). PARTICULARS OF OFFENCE 1. Chen Guibin, 2. Lu Xianchu, 3. Richard Gasu in or about May 2021 at Asankragua in the Western North Region engaged in the buying and selling of gold without a license issued by the Minister responsible for Mines.
COUNT TWO STATEMENT OF OFFENCE Buying and Selling Minerals without a licence contrary to section 99(1)(a) of the Minerals and Mining Act, 2006 (Act 703) as amended by the Minerals and Mining Act, 2019 (Act 995). PARTICULARS OF OFFENCE 1. Yao Zencheng, 2. Cheng ChunRong, 3. Xue Lianhua, 4. Joshua Osei Badu, on Or about May 2021 at Asankragua in the Western North Region, engaged in the uying and selling of gold without a license issued by the Minister responsible for Mines.
COUNT THREE STATEMENT OF OFFENCE Operating a Casino without a licence contrary to section 62(a) of the Gaming Act, 2006 (Act 721). PARTICULARS OF OFFENCE 1. Chen Guibin, 2. Richard Gasu, in or about May, 2021 at Asankragua in the Western North Region operated a Casino without the required license granted by the Gaming Commission of Ghana.
COUNT FOUR STATEMENT OF OFFENCE Possession of firearms without authority contrary to section 11(b) of the Arms and Ammunition Act, 1972 (NRCD 9)PARTICULARS OF OFFENCE 1. Chen Guibin, 2. Richard Gasu, in or about May, 2021 at Asankragua in the Western North Region did have in your possession a pump action gun No. T072960 without the proper authority.
STATEMENT OF OFFENCE Possession of firearms with