Ashanti Port Services Limited’s (APSL) plea to reverse a High Court decision that invalidated a US$33.3 million arbitral award against Justmoh Construction Limited was unanimously rejected by Ghana’s Supreme Court.
Chief Justice Paul Baffoe-Bonnie presided over the five-member panel, which included Justices Asiedu, Richard Adjei-Frimpong Kwofie, Senyo Dzamefe Kodwo, and Amaleboba. The panel concluded that APSL’s claim of the court’s supervisory jurisdiction was unfounded.
With the ruling, Justmoh Construction has won a protracted court struggle over the Boankra Inland Logistics Terminal Project.
The ruling rendered by Justice John-Mark Nuku Alifo of the High Court’s Commercial Division 2 on May 6, 2026, is still in effect. The Supreme Court and the High Court both concluded that APSL lacked the corporate ability to start arbitration proceedings.
APSL’s attempts to confirm the arbitration retroactively at a subsequent board meeting were judged to be a basic flaw that was unable to address the original lack of authority.
Justmoh Construction’s attorney praised the decision and called it a victory for due process. Professor Kwame Gyan, lead counsel, stated that the Supreme Court’s ruling reaffirmed their faith in the case and that the result was anticipated given the strength of the facts and the law.
The Boankra Inland Logistics Terminal Project, a major state project meant to improve Ghana’s transit trade and logistics, was the source of the disagreement. In August 2022, APSL designated Justmoh Construction as the primary contractor for Phase 1A, but it was unable to obtain funding in accordance with its concession agreement.
After that, the Ghana Ports and Harbours Authority (GPHA) intervened and gave Justmoh US$33.3 million as mobilisation capital through a share subscription structure.
APSL’s concession deal was terminated by the Ghana Shippers’ Authority in August 2023 as a result of financial difficulties, which resulted in a governmental takeover.
Later, in December 2023, APSL filed for arbitration, requesting the US$33.3 million be returned.
Due to procedural and legal issues, the High Court reversed the arbitral tribunal’s earlier decision in favour of APSL in late 2025.
The court underlined that when arbitration was started, APSL’s board was illegally formed, and that a later effort at ratification was invalid because it left out representatives from important parties, such as the Ghana Shippers’ Authority and GPHA.
It further stated that as GPHA, not APSL, had supplied the mobilisation monies, issuing a repayment to APSL would constitute unjust enrichment.
The Supreme Court’s denial of APSL’s last appeal has solidified Justmoh Construction’s stance in the conflict.
Source: newsthemegh.com