Court Blocks Airtel Ghana Asset Transfers Amid Arbitration

The Commercial Division of the High Court in Accra has issued an interim injunction against Airtel Ghana Limited, preventing the company from transferring or disposing of its assets amid an ongoing arbitration at the International Chamber of Commerce (ICC) International Court of Arbitration in Paris, France.

The injunction, granted on January 14, 2025, comes in response to a claim filed by ATC Tower (Ghana) Limited, alleging that Airtel Ghana owes significant overdue payments. The arbitration proceedings in Paris aim to resolve the financial dispute between the two entities.

Presiding over the case, Justice Sheila Minta emphasised the importance of safeguarding Airtel Ghana’s assets to ensure that any eventual arbitral award remains enforceable.

The court’s order restrains Airtel Ghana from engaging in any actions that might affect its assets or business operations. Justice Minta ruled:
“It is hereby ordered that the Respondent (Airtel Ghana Limited), whether by themselves, their subsidiaries, assigns, associates, representatives, workmen, or privies, or any other person acting on their behalf, be and is restrained from transferring, disposing of, encumbering, or otherwise dealing with any of their assets or business operations to a third party, be it a subsidiary or otherwise, whether directly or indirectly, pending the final determination of the arbitration at the International Chamber of Commerce, International Court of Arbitration in Paris.”

The injunction was sought under Section 39(1)(e) of the Alternative Dispute Resolution Act, 2010 (Act 798), and Order 25 Rule 1 of the High Court (Civil Procedure) Rules, 2004.

ATC Tower, represented by counsel Dennis Adjei Dwomoh and supported by Marie Antoinette Anafi, argued that the injunction was critical to preserve Airtel Ghana’s assets and prevent potential dissipation during arbitration. They cited concerns that the company might transfer or restructure its assets, potentially undermining the arbitration process.

In the absence of lead counsel Kweku Paintsil, Airtel Ghana was represented by Henry Oppong-Dwamena, who presented the company’s defence. However, the court ultimately determined that granting the injunction was necessary to uphold the integrity of the arbitration proceedings.

The court order significantly limits Airtel Ghana’s ability to engage in asset-related transactions, including restructuring or transferring assets to third parties such as PPL Net Ghana Limited. Any violation of the order could result in contempt of court charges, carrying severe legal consequences.

The decision also raises broader questions about Airtel Ghana’s financial stability and operational practices, although the company has yet to provide a detailed public response to the ruling.

The injunction will remain in effect until the ICC International Court of Arbitration delivers a final determination on the matter. Given the complexity of arbitration cases, this process could extend over several months.

For now, the court’s ruling ensures that Airtel Ghana’s assets remain intact, safeguarding the interests of ATC Tower and maintaining the integrity of the arbitration process.