The Supreme Court of Ghana has unanimously dismissed an application by Ashanti Port Services Limited (APSL) seeking to overturn a High Court decision that nullified a US$33.3 million arbitral award granted in its favour against Justmoh Construction Limited.
A five-member panel chaired by Chief Justice Paul Baffoe-Bonnie, and including Justices Asiedu, Richard Adjei-Frimpong Kwofie, Senyo Dzamefe, and Kodwo Amaleboba, ruled that APSL’s invocation of the court’s supervisory jurisdiction lacked merit.
The decision brings an end to a prolonged legal dispute over the Boankra Inland Logistics Terminal Project.
Both the High Court and the Supreme Court found that APSL lacked the legal and corporate capacity to initiate arbitration at the time the proceedings commenced.
The courts further held that APSL’s attempt to retrospectively approve the arbitration through a later board meeting could not cure the initial lack of authority.
Lawyers for Justmoh Construction have welcomed the ruling, with lead counsel Professor Kwame Gyan describing it as a vindication of their position.
“We have always had confidence in our brief because we know the facts support our case. It comes as no surprise that the Supreme Court agrees with us. Due process has won,” he said.
The Boankra Inland Logistics Terminal Project is a major state infrastructure initiative aimed at strengthening Ghana’s transit trade and logistics sector.
The project involves key stakeholders including the Ministry of Transport, the Ghana Shippers’ Authority, and the Ghana Ports and Harbours Authority (GPHA).
In August 2022, APSL appointed Justmoh Construction as the main contractor for Phase 1A of the project. However, APSL failed to secure the required financing under its concession agreement.
GPHA later intervened and provided US$33.3 million through a share subscription arrangement, with the funds transferred directly to Justmoh Construction as mobilisation capital to commence works.
In August 2023, the Ghana Shippers’ Authority terminated the concession agreement due to APSL’s failure to meet its funding obligations, resulting in the state taking over the project.
In December 2023, APSL commenced arbitration proceedings against Justmoh Construction, seeking repayment of the US$33.3 million. An arbitral tribunal initially ruled in APSL’s favour in late 2025.
However, the High Court subsequently set aside the award, citing critical legal and procedural defects in APSL’s actions.
The court found that APSL did not obtain valid board approval before initiating arbitration and that a subsequent January 2024 board meeting intended to ratify the action was invalid because the board lacked representation from key stakeholders, including GPHA and the Ghana Shippers’ Authority.
The court also held that ordering a refund to APSL would amount to unjust enrichment, as the US$33.3 million mobilisation funds were provided by GPHA and not APSL, meaning APSL had no legal basis to claim repayment of funds it did not advance.
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