Supreme Court throws out APSL’s $33.3 million claim, hands Justmoh Construction final victory

The Supreme Court of Ghana has unanimously dismissed an application by Ashanti Port Services Limited (APSL) seeking to revive a $33.3 million arbitral award linked to the Boankra Inland Logistics Terminal Project, bringing an end to years of legal disputes over the controversial infrastructure project.

The five-member panel of the apex court, chaired by Chief Justice Paul Baffoe-Bonnie, ruled that APSL’s attempt to invoke the court’s supervisory jurisdiction lacked merit and affirmed an earlier decision of the High Court’s Commercial Division which had set aside the arbitral award.

The ruling effectively cements the judgment delivered on May 6, 2026, by Justice John-Mark Nuku Alifo, who concluded that APSL had no legal basis to pursue arbitration in the first place.

The decision represents a complete legal victory for Justmoh Construction Limited, the contractor engaged for Phase 1A of the Boankra Inland Logistics Terminal Project.

According to the courts, APSL’s case suffered from three major legal defects. First, the company lacked the necessary corporate authority to commence arbitration when the proceedings were initiated.

The courts held that without the requisite board approval, APSL had no legal capacity to sue.

Secondly, the Supreme Court agreed with the High Court that APSL’s subsequent attempt to cure the defect through a retroactive board resolution was legally ineffective.

The judges ruled that the original lack of authority constituted a fundamental defect that could not be corrected after the arbitration had already begun.

The courts also upheld the finding that granting APSL the $33.3 million award would amount to unjust enrichment.

They noted that the money had been provided entirely by the Ghana Ports and Harbours Authority (GPHA) through a share subscription arrangement and paid directly to Justmoh Construction, meaning APSL could not legitimately seek reimbursement for funds it never expended.

The dispute traces its origins to August 2022 when APSL awarded Justmoh Construction the contract for Phase 1A of the Boankra Inland Logistics Terminal Project.

However, APSL was unable to secure the private financing required under its concession agreement, forcing GPHA to intervene with $33.3 million to keep the strategic national project on course.

Following APSL’s inability to raise the required financing, the Ghana Shippers’ Authority terminated the company’s concession in August 2023, paving the way for a state takeover of the project.

Despite the termination, APSL initiated arbitration in December 2023, demanding that Justmoh refund the $33.3 million that had been paid by GPHA.

The arbitral tribunal initially ruled in APSL’s favour in late 2025, but that decision was overturned by the High Court, a ruling that has now been unanimously affirmed by the Supreme Court.

The panel comprised Chief Justice Paul Baffoe-Bonnie, Justices Asiedu, Richard Adjei-Frimpong Kwofie, Senyo Dzamefe Kodwo and Ernest Yao Gaewu Amaleboba.

Reacting to the judgment, Lead Counsel for Justmoh Construction, Professor Kwame Gyan, described the verdict as a triumph for justice and due process.

“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.

He added that the judgment fully vindicates his client while safeguarding public funds committed to the Boankra Inland Logistics Terminal Project.

Source: Ghana/otecfmghana.com/Francis Appiah