Accra Court Blocks Airtel Ghana Asset Transfers Amid ICC Arbitration
The Commercial Division of Accra’s High Court has issued an interim injunction barring Airtel Ghana from transferring or disposing of its assets, pending the resolution of arbitration proceedings at the International Chamber of Commerce (ICC) in Paris. The dispute, brought by telecommunications infrastructure provider ATC Tower Ghana, concerns alleged overdue payments by Airtel Ghana.
The injunction, delivered on January 14, 2025, prevents the telecom operator from engaging in any asset-related transactions that could undermine the enforceability of a future arbitration award.
“To protect the integrity of the arbitration process, the court has deemed it necessary to preserve the respondent’s assets,” Justice Sheila Minta said in her ruling. The order restrains Airtel Ghana and its affiliates from transferring, encumbering, or restructuring assets directly or indirectly until the ICC delivers its decision.
Legal Basis
The ruling was sought by ATC Tower under Section 39(1)(e) of Ghana’s Alternative Dispute Resolution Act and Order 25 Rule 1 of the High Court Civil Procedure Rules. ATC Tower, represented by Dennis Adjei Dwomoh and Marie Antoinette Anafi, argued that without court intervention, Airtel Ghana’s asset disposal could render any arbitral award ineffective.
While Airtel Ghana opposed the motion, represented by counsel Henry Oppong-Dwamena, the absence of its lead lawyer Kweku Paintsil left the case in contention. The court ultimately sided with ATC Tower, citing the need to mitigate potential financial risks and safeguard the arbitration process.
Impact and Broader Concerns
The ruling freezes Airtel Ghana’s ability to restructure or divest assets, including transfers to affiliated entities such as PPL Net Ghana Limited. Any breach of the order would constitute contempt of court, exposing the company to significant penalties.
The injunction comes amid rising scrutiny of Airtel Ghana’s financial health, following mounting disputes with vendors and creditors. The case also underscores the challenges facing multinational telecom operators navigating Ghana’s competitive and regulatory environment.
While Airtel Ghana has not yet issued a public statement on the matter, the development raises questions about its ability to sustain operations under such restrictions. Analysts warn that prolonged arbitration could exacerbate operational and reputational risks for the company.
Arbitration Timeline
The ICC arbitration process, known for its complexity and extended timelines, could take several months to conclude. The injunction remains effective until the final determination by the ICC tribunal.
