Lawyer and journalist Samson Lardy Anyenini has warned drone owners in Ghana against assuming that ownership gives them an unrestricted right to operate the devices anywhere. He made this statement following the reported arrest of three persons for allegedly flying drones over the headquarters of the Economic and Organised Crime Office (EOCO). Mr Anyenini emphasized that drone operations are regulated under Ghanaian law.
The principal legal framework governing drone operations in Ghana includes the Ghana Civil Aviation Act, 2024 (Act 1120), and the Ghana Civil Aviation (RPAS) Directives, 2018, Part 28. According to Mr Anyenini, these regulations require drone owners to obtain prior approval from the Ghana Civil Aviation Authority (GCAA) to import, export, sell or operate a drone or its parts. Drones must also be registered, but registration does not constitute permission to fly.
Mr Anyenini stated that Part 28.7 of the regulations is clear: "No person shall fly an RPAS without a Permit issued by the Authority." He added that there are additional requirements for commercial drone operations, night flights, flights above 400 feet, operations around airports and helipads, and flights within restricted, prohibited, danger and Special Use Areas. Breaches of these regulations can attract sanctions, depending on the particular violation and the status of the operator.
Penalties for violating drone regulations can range from 1,000 to 12,000 penalty units, equivalent to GH¢12,000 to GH¢144,000. However, a more serious offence under Section 40 of Act 1120 carries a penalty of between 50,000 and 200,000 penalty units, equivalent to GH¢600,000 to GH¢2.4 million, or imprisonment for between five and 30 years, or both, for violating a prohibition against flying over specified airspace.
Mr Anyenini noted that the Section 40 punishment cannot be automatically invoked merely because the location is a sensitive State installation. The particular airspace must first have been formally prohibited under Section 40 before the more severe sanction can apply. He emphasized that the legal questions arising from the EOCO incident go beyond why the individuals were flying drones over the facility.
To fully understand the incident, it is necessary to establish whether the drones were lawfully acquired or imported, whether they had been registered, whether the operators had permits to fly them, and whether any additional authorisation was required for the particular airspace. Mr Anyenini also questioned whether the airspace over EOCO was formally designated as prohibited or restricted under the law.
Mr Anyenini concluded by saying, "The drone may be yours. The airspace is not." He stressed that drone owners must be aware of the regulations and restrictions governing drone operations in Ghana to avoid facing sanctions. The incident serves as a reminder of the importance of adhering to these regulations to ensure safe and responsible drone operations.
Key points
- Drone owners in Ghana must obtain prior approval from the Ghana Civil Aviation Authority (GCAA) to import, export, sell or operate a drone or its parts.
- Penalties for violating drone regulations can range from GH¢12,000 to GH¢144,000 or imprisonment for between five and 30 years, or both.
- The airspace over a particular location must be formally designated as prohibited or restricted under the law before the more severe sanction can apply.
