The Supreme Court has unanimously dismissed an application by Ashanti Port Services Limited (APSL) to overturn a High Court ruling that nullified a US$33.3 million arbitral award previously granted in its favour against Justmoh Construction Limited.
A five-member panel of the apex court held that APSL’s reliance on the court’s supervisory jurisdiction had no merit, effectively bringing the long-running legal battle over the Boankra Inland Logistics Terminal Project to a close.
Both the High Court and the Supreme Court ruled that APSL lacked the legal authority to commence arbitration when the case was filed. The courts also determined that a later attempt to validate the arbitration through a board meeting could not correct the earlier lack of approval.
Lead counsel for Justmoh Construction, Professor Kwame Gyan, welcomed the ruling, saying, “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.”
The dispute stems from the Boankra Inland Logistics Terminal Project, a major government initiative designed to strengthen Ghana’s transport and logistics sector. APSL had awarded Justmoh Construction the Phase 1A contract in August 2022 but failed to secure the financing required under its concession agreement.
To keep the project on course, the Ghana Ports and Harbours Authority (GPHA) provided US$33.3 million directly to Justmoh Construction as mobilisation funding. After APSL’s concession was terminated by the Ghana Shippers’ Authority in August 2023 due to funding failures, the state assumed control of the project.
APSL later initiated arbitration in December 2023, demanding repayment of the US$33.3 million. Although an arbitral tribunal initially ruled in its favour in 2025, the High Court later set aside the award, citing procedural and legal shortcomings.
The court found that APSL had not obtained proper board approval before commencing arbitration and that a later attempt to ratify the decision was invalid because the board did not include representatives from key stakeholders, including GPHA and the Ghana Shippers’ Authority.
It also ruled that APSL had no legal right to claim repayment of the funds since the US$33.3 million was provided by GPHA, adding that awarding the money to APSL would have resulted in unjust enrichment.
By: Prince Martey-Sogar