THE REPUBLIC vs. NANA KOW KOTU

RULLING This interlocutory appeal relates to the interpretation of section 6 (1) of the Ghana Shipping Act, 2003 (Act 645) particularly the meaning of a ship under the Act. This appeal is against the decision of the Circuit Court, Takoradi dated 18th January, 2022. The accused person/appellant was charged with the offence of BUILDING OF VESSEL WITHOUT LAWFUL AUTHORITY CONTRARY TO SECTION 6 (1) OF THE GHANA SHIPPING ACT, 2003 (ACT 645). From the facts of the case, as read to the court by the prosecution, some wooden boats known in local parlance as “DENDE” were arrested at the Bosomtwi-Sam Fishing Harbour on suspicion of carrying petroleum products. After investigations, the appellant (who is the owner of one the boats) was charged with the above offence. After the close of the prosecution’s case, a submission of no case was made and the trial judge in a ruling dismissed the application. The mainstay of counsel for the accused person and appellant herein’s submission was th...