Supreme Court upholds decision nullifying US$33.3m Boankra project arbitral award

The Supreme Court has brought another major turn in the Boankra Inland Logistics Terminal dispute after dismissing an application filed by Ashanti Port Services Limited.

The decision means a High Court judgment that set aside a US$33.3 million arbitral award in favour of Ashanti Port Services Limited will remain in force.

A five-member panel of the apex court unanimously dismissed APSL’s application after finding that it lacked merit.

The panel was chaired by Chief Justice Paul Baffoe-Bonnie and included Justices Asiedu, Kwofie, Kodwo and Amaleboba.

APSL had gone to the Supreme Court seeking to invoke the court’s supervisory jurisdiction to overturn the High Court’s ruling.

The company argued that the High Court was wrong in nullifying the arbitral award earlier made against Justmoh Construction Limited.

The Supreme Court, however, declined the invitation.

Its ruling effectively leaves the award without legal effect and preserves the decision of the Commercial Division 2 of the High Court.

Counsel for Justmoh Construction Limited, Professor Kwame Gyan, welcomed the ruling, describing it as a victory for due process and the rule of law.

“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 His Lordships for the ruling. Due process has won,” he said.

The dispute dates back to the Boankra Inland Logistics Terminal Project, a major inland port development involving the Government of Ghana through the Ministry of Transport, the Ghana Shippers’ Authority, the Ghana Ports and Harbours Authority and Afum Quality Limited.

In August 2022, APSL appointed Justmoh Construction as the Engineering, Procurement and Construction contractor for Phase 1A of the project.

The relationship later broke down after APSL failed to secure the financing required under the concession agreement and did not achieve financial close.

Court documents showed that GPHA later paid US$33.3 million under a share subscription arrangement in APSL.

The money was transferred directly into Justmoh Construction’s account as mobilisation payment for the commencement of works.

After the Ghana Shippers’ Authority terminated the concession agreement in August 2023 and the state took over the project, APSL commenced arbitration proceedings in December 2023.

It sought a refund of the mobilisation funds.

The arbitral tribunal ruled in favour of APSL on December 10, 2025, ordering Justmoh Construction to refund the US$33.3 million with interest and other reliefs.

Justmoh Construction later challenged the award at the High Court under Section 58 of the Alternative Dispute Resolution Act, 2010, Act 798.

On May 6, 2026, Justice John-Mark Nuku Alifo of the Commercial Division 2 of the High Court set aside the arbitral award in its entirety.

The High Court held that it was not sitting on appeal over the merits of the arbitration but was examining whether the arbitral process complied with the law.

A central issue was whether APSL had the corporate capacity to commence arbitration at the time it did.

The court found that APSL lacked the required corporate authority and had not obtained valid board approval before starting the arbitration.

It further held that a later attempt to ratify the Chief Executive Officer’s decision could not cure what the court described as a fundamental legal defect.

Justice Alifo also found that the January 2024 board meeting relied on by APSL was invalid because the company’s board had not been properly constituted under the Shareholders’ Agreement.

The agreement required representation from key stakeholders, including the Ghana Ports and Harbours Authority and the Ghana Shippers.

The court found that this requirement had not been satisfied.

The High Court also rejected APSL’s claim for the refund of the US$33.3 million.

It held that ordering Justmoh Construction to refund the money would amount to unjust enrichment because APSL had contributed to the contractual failures that led to the termination of the concession agreement and the state’s intervention.

Justice Alifo further observed that the funds had not been advanced by APSL itself, making it inequitable for the company to seek reimbursement.

With the Supreme Court now dismissing APSL’s application, the High Court ruling remains intact.

The decision marks another decisive chapter in the long-running legal dispute over one of Ghana’s major logistics infrastructure projects.