The Supreme Court of Ghana has unanimously dismissed an application by Ashanti Port Services Limited (APSL) that sought to overturn a High Court decision nullifying a US$33.3 million arbitral award originally granted to APSL against Justmoh Construction Limited.

The decision delivered by a five-member panel chaired by Chief Justice Paul Baffoe-Bonnie, and including Justices Asiedu, Richard Adjei-Frimpong Kwofie, Senyo Dzamefe, and Kodwo Amaleboba, ruled that APSL’s invocation of the court’s supervisory jurisdiction completely lacked merit.

The ruling seeks to end a prolonged legal battle over the Boankra Inland Logistics Terminal Project.

Both the High Court and the Supreme Court agreed that APSL lacked the legal and corporate capacity to initiate arbitration when the proceedings began.

The courts also found that attempts by APSL to retroactively approve the arbitration during a later board meeting constituted a fundamental defect that could not cure the initial lack of authority.

Lawyers for Justmoh Construction have welcomed the decision. Lead Counsel, Professor Kwame Gyan said the outcome was expected given the strength of the facts and the 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. Due process has won,” he said.

The Boankra Inland Logistics Terminal Project is a flagship state infrastructure initiative designed to boost Ghana's transit trade and logistics.

The project involves key stakeholders including 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. APSL however failed to secure the necessary financing required under its concession agreement.
GPHA subsequently stepped in and paid US$33.3 million under a share subscription arrangement, with the funds transferred directly to Justmoh as mobilisation capital to start work.

In August 2023, the Ghana Shippers’ Authority terminated the concession agreement due to APSL's funding failures, leading to a state takeover.

In December 2023, APSL initiated arbitration demanding that Justmoh refund the US$33.3 million to them. An arbitral tribunal initially ruled in APSL's favor in late 2025.

In setting aside the tribunal’s award, the High Court identified critical procedural and legal flaws in APSL's actions.

The court found that APSL failed to obtain valid board approval before launching arbitration, and that a subsequent January 2024 board meeting meant to ratify the lawsuit was invalid because the board lacked required representatives from crucial stakeholders like GPHA and the Ghana Shippers’ Authority.

The court also held that ordering a refund to APSL would constitute unjust enrichment, because the US$33.3 million mobilisation fund was actually provided by GPHA and not advanced by APSL, meaning APSL had no legal right to claim a refund for money it never spent.