Caption:
Nana Afum Dwamena III, Kwahu Nkwatia Benkumhene and CEO of Ashanti Port Services Limited.
Story:
The Ghana Arbitration Centre (GAC) has delivered a unanimous ruling in the legal battle surrounding the Boankra Inland Port (BILT) project.
The tribunal ordered Justmoh Construction Limited to refund $33.3 million to Ashanti Port Services Limited, representing the outstanding balance of advance mobilization funds.
The award includes a simple interest rate of four percent per annum, which will begin accruing 30 days after the receipt of the ruling until the amount is paid in full.
Mutual Compensation and Legal Costs
While the refund favors Ashanti Port Services, the tribunal also directed them to compensate Justmoh Construction Limited.
The Claimant (Ashanti Port Services) must pay $7,107,456.70 to the Respondent for earthworks already completed at the project site.
Regarding legal expenses, the GAC placed the primary financial burden on Justmoh Construction.
The company was ordered to cover:
75% of Ashanti Port Services’ legal fees.
75% of the administrative and arbitrator fees.
Totaling $226,875 and GHS 26,250 (no interest applies to these costs).
Timeline of Dispute:
The legal proceedings began on December 19, 2023, following Ashanti Port Services’ Notice of Arbitration.
A three-member tribunal was constituted on February 12, 2024, consisting of Mr. Emmanuel Amofa, Professor Richard Frimpong Oppong, and Justice Nene A.O. Amegatcher (Chair).
Key Arguments and Findings
A central point of contention was the valuation of the earthworks performed by Justmoh.
Claimant’s Position:
Ashanti Port Services argued the earthworks were worth no more than $4 million, based on initial projections.
Respondent’s Position:
Justmoh Construction claimed the work was valued at over $33 million, citing interim certificates, progress reports from Vision Consult, and photographic evidence.
The tribunal noted that while Ashanti Port Services disputed the costs, they failed to provide independent expert testimony or valuations to support their lower estimate. Conversely, the tribunal found that Justmoh provided substantial documentation.
Although earthworks were not explicitly detailed in the original Boankra Contract, the evidence proved significant work had been executed.
Conclusion of Case:
In its final ruling, the tribunal declared that Justmoh Construction had lawfully terminated the Boankra Contract. With this decision, the GAC dismissed all other claims from both parties, effectively closing the arbitration proceedings.
Ashanti Port Stance After ruling:
Nana Afum Dwamena III, Kwahu Nkwatia Benkumhene, who doubles as the Chief Executive Officer of Ashanti Port Services Limited ( APSL) has expressed satisfaction with the outcome of the recent verdict delivered by the Ghana Arbitration Centre (GAC).
Speaking in an interview with Despite Media, the traditional ruler stated that he accepts the decision of the tribunal and believes it provides clarity and closure to the matter under arbitration.
According to Nana Afum Dwamena III, the ruling reflects the strength of Ghana’s alternative dispute resolution mechanisms and underscores the importance of resolving disputes through lawful and institutional processes.
He noted that arbitration remains a credible avenue for settling complex disagreements, especially those involving major projects and contractual obligations.
The Kwahu Nkwatia Benkumhene indicated that while arbitration outcomes may not always fully satisfy all parties, respecting the final decision is crucial for maintaining confidence in the justice system.
He emphasized that accepting the verdict demonstrates maturity, responsibility, and respect for the rule of law.
Nana Afum Dwamena III further explained that prolonged disputes often stall development and create uncertainty, which negatively affects communities and investors.
Story By Michael Ofosu-Afriyie,
Kumasi.
