Drone ownership does not give unrestricted right to fly anywhere – Anyenini

Lawyer and journalist Samson Lardy Anyenini has warned drone owners that simply owning a drone does not grant them unrestricted permission to fly it anywhere in Ghana. His remarks come after the arrest of three individuals for allegedly operating drones over the Economic and Organized Crime Office (EOCO) headquarters. Mr. Anyenini, who hosts a legal program on Joy News, emphasized that drone operations are governed by Ghanaian law.

He cited two key pieces of legislation: the Ghana Civil Aviation Act, 2024 (Act 1120), and the Ghana Civil Aviation (RPAS) Directives, 2018, Part 28.

According to Anyenini, regulatory requirements must be met before a drone is even launched into the sky. This includes obtaining prior approval from the Ghana Civil Aviation Authority (GCAA) for importing, exporting, selling, or operating a drone or its components. Registration of drones is mandatory, but it does not automatically permit flight. Part 28.7 of the directives explicitly states that "No person shall fly an RPAS without a Permit issued by the Authority."

Beyond registration and import regulations, there are additional rules for commercial drone operations, night flights, flights above 400 feet, operations near airports and helipads, and activities within restricted, prohibited, dangerous, and Special Use Areas. Penalties for violating these rules vary depending on the nature of the offense and the operator's status.

Individuals could face fines ranging from 1,000 to 12,000 penalty units, equivalent to GH¢12,000 to GH¢144,000. However, a more severe penalty under Section 40 of Act 1120 could result in a fine of between 50,000 and 200,000 penalty units, or imprisonment for five to 30 years, or both, for violating prohibitions against flying over certain airspace.

While Anyenini acknowledged that the severity of penalties under Section 40 could not be automatically applied merely because the location was a sensitive State installation, he stressed that the particular airspace must be formally prohibited under the law before such severe sanctions could be enforced. He highlighted the need to investigate whether the drones were legally acquired or imported, if they were registered, if operators had the necessary permits to fly them, and if any additional authorizations were required for the specific airspace over ECOO.

He questioned whether the airspace above the facility was formally designated as prohibited or restricted under the law, emphasizing that ownership of a drone does not negate the legal constraints on its flight path.