The Supreme Court has unanimously dismissed an application by Ashanti Port Services Limited (APSL) that sought to overturn a High Court ruling which cancelled a US$33.3 million arbitration award in its favour against Justmoh Construction Limited.
A five-member panel led by Chief Justice Paul Baffoe-Bonnie delivered the decision. The panel also included Justices Asiedu, Richard Adjei-Frimpong Kwofie, Senyo Dzamefe and Kodwo Amaleboba.
The Supreme Court ruled that APSL’s request for the court to exercise its supervisory powers had no merit.
The judgment brings a major chapter of the long-running legal dispute over the Boankra Inland Logistics Terminal Project to a close.
Both the High Court and the Supreme Court found that APSL did not have the legal authority to begin arbitration proceedings when it filed the case.
The judges also ruled that the company could not correct that mistake by trying to approve the arbitration at a later board meeting.
Lawyers representing Justmoh Construction welcomed the ruling, saying it confirmed what they had argued throughout the case.
Lead counsel, Professor Kwame Gyan, said the outcome was not surprising.
“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 one of Ghana’s major infrastructure projects. It aims to strengthen the country’s transit trade and improve its logistics sector.
Key institutions involved in the project include 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 financing required under its concession agreement.
GPHA later provided US$33.3 million through a share subscription arrangement. The money was paid directly to Justmoh as mobilisation funds to begin work on the project.
A year later, in August 2023, the Ghana Shippers’ Authority terminated APSL’s concession agreement because of its inability to secure funding. The decision led to the government taking over the project.
In December 2023, APSL started arbitration proceedings and demanded that Justmoh repay the US$33.3 million. An arbitral tribunal ruled in favour of APSL in late 2025.
The High Court later set aside that award after identifying several legal and procedural errors in APSL’s actions.
The court found that APSL had started the arbitration without obtaining valid approval from its board of directors.
It also ruled that a board meeting held in January 2024 to ratify the decision was invalid because representatives from important stakeholders, including GPHA and the Ghana Shippers’ Authority, were not present.
The High Court further ruled that allowing APSL to recover the US$33.3 million would amount to unjust enrichment.
The judges explained that GPHA, not APSL, had provided the mobilisation funds. As a result, APSL had no legal basis to seek repayment of money it had not paid.
