Research Article
Regional Governance & LawLegal Frameworks for Prosecuting Piracy and Armed Robbery at Sea in the Gulf of Guinea
Abstract
This article reviews the domestic legal frameworks available to Gulf of Guinea states for prosecuting piracy and armed robbery at sea, identifies jurisdictional gaps that have historically allowed suspects to be released without charge, and recommends legislative and procedural reforms.
Cite This Article
Frimpong, N. A., & Adjei, K. (2025). Legal Frameworks for Prosecuting Piracy and Armed Robbery at Sea in the Gulf of Guinea. Gulf Spectrum Journal, 1(1).
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Introduction
Successful naval interdiction of piracy suspects has, in a number of documented cases, not led to prosecution — largely because of unresolved jurisdictional and evidentiary questions. This article examines the legal frameworks in Ghana and selected partner states against that pattern.
Jurisdictional Gaps
Several states in the region have not fully domesticated UNCLOS provisions on piracy, creating ambiguity over which court has jurisdiction when an incident occurs outside territorial waters but the suspects are landed domestically.
Recommendations
We recommend model legislation clarifying jurisdiction for offences committed in the exclusive economic zone, alongside standardized evidence-handling protocols for naval forces conducting interdictions.
Conclusion
Without clearer domestic legal frameworks, naval interdiction efforts in the Gulf of Guinea will continue to outpace the region's capacity to prosecute. Legal reform is as central to deterrence as naval capacity.
References
- United Nations Convention on the Law of the Sea (UNCLOS), 1982.
- Yaoundé Code of Conduct Concerning the Repression of Piracy, Armed Robbery against Ships, and Illicit Maritime Activity, 2013.
- Frimpong, N. A. (2020). Prosecuting Maritime Crime in West Africa: A Practitioner's View. Ghana Law Journal.
About the Authors
Maritime & Admiralty Law Chambers, Accra
Nana Akosua Frimpong practices maritime and admiralty law, with a focus on the prosecution of piracy and armed robbery at sea under domestic and regional frameworks.
University of Cape Coast
Dr. Adjei teaches and researches maritime law, focusing on jurisdictional questions in Gulf of Guinea piracy prosecutions.