The Supreme Court has dismissed an application filed by Ashanti Port Services Limited (APSL), seeking to overturn a High Court ruling that nullified a US$33.3 million arbitral award previously granted in its favour against Justmoh Construction Limited.
The five-member panel of the Supreme Court, chaired by the Chief Justice, Justice Paul Baffoe Bonnie unanimously determined the long-running legal battle over the Boankra Inland Logistics Terminal Project upholding the High Court’s judgment.
With the position of the Supreme Court in dismissing APSL’s application, the High Court’s decision stands in favour of Justmoh Construction Limited, in the protracted Boankra Inland Logistics Terminal.
The apex court held that APSL’s invocation of its supervisory jurisdiction lacked merit and dismissed the application in its entirety.
APSL had asked the Supreme Court to quash the decision of the Commercial Division 2 of the High Court, which in May 2026 set aside the arbitral award issued in December 2025.
The Supreme Court’s decision, therefore, corroborates the judgment delivered by the Commercial Division 2 of the High Court on May 6, 2026.
The presiding judge, Justice John-Mark Nuku Alifo, had set aside the entire arbitral award of US$33.3 million that had been granted in favour of APSL.
The High Court ruled that APSL did not have the corporate capacity required to commence arbitration proceedings at the time the case was initiated.
According to the court, the company also failed to demonstrate that its board had been properly constituted in accordance with its Shareholders’ Agreement.
Justice Alifo held that an attempt to ratify the Chief Executive Officer’s decision after arbitration had already begun and could not cure what the court described as a fundamental legal defect.
“The ex post facto attempt to ratify the Chief Executive Officer’s decision to refer the dispute to arbitration could not cure a fundamental defect, which goes to the very root of the case,” the judgment stated.
The dispute arose from the Boankra Inland Logistics Terminal Project, one of Ghana’s flagship inland port developments designed to improve cargo movement and logistics operations.
The project involves the Government of Ghana, through the Ministry of Transport, the Ghana Shippers’ Authority, the Ghana Ports and Harbours Authority (GPHA) and Afum Quality Limited.
In August 2022, APSL appointed Justmoh Construction Limited as the Engineering,
Procurement and Construction Contractor for Phase 1A of the project.
The Court records indicated that APSL subsequently failed to secure the financing required under the concession agreement and was unable to achieve financial close.
During proceedings, the court heard that GPHA later paid US$33.3 million under a share subscription arrangement involving APSL, with the money transferred directly into Justmoh Construction’s account, as mobilisation funds to begin work.
Following the termination of the concession agreement by the Ghana Shippers’ Authority in August 2023 and the state’s subsequent takeover of the project, APSL commenced arbitration proceedings in December 2023 seeking a refund of the US$33.3 million.
An arbitral tribunal later ruled in favour of APSL and ordered Justmoh Construction to refund the amount together with interest and other consequential reliefs.But, the High Court in its 40-page judgment found several legal and procedural flaws that undermined APSL’s case and concluded that APSL failed to obtain valid board approval before initiating arbitration emphasising that corporate authority must exist before legal proceedings are commenced rather than being acquired afterwards.
It also found that a board meeting held in January 2024 to ratify the arbitration process was itself invalid because the board had not been properly constituted under the Shareholders’ Agreement.
The agreement required representation from key stakeholders, including GPHA and the Ghana Shippers’ Authority, before such decisions could lawfully be taken.
The court further ruled that ordering a refund in favour of APSL would amount to unjust enrichment because the company had contributed to the contractual failures that eventually led to government intervention in the project.
“It would be unfair for APSL to receive, by way of refund, monies which were not in fact advanced by it,” Justice Alifo stated.
Professor Kwame Gyan, lead counsel of the Team of lawyers for Justmoh Construction, described the ruling as a vindication of the legal process.
The Lead counsel said the verdict of the Supreme Court was expected because the facts and the law supported his client’s case from the outset.
“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. We are grateful to their Lordships for the ruling. Due process has won,” he said.
The decision strengthens Justmoh Construction’s position in a dispute that has attracted considerable attention within Ghana’s infrastructure and legal sectors.
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