High Court halts Airtel Ghana asset transfers in ATC Tower defence

By Wisdom JONNY-NUEKPE

The Commercial Division of the High Court in Accra has granted an interim injunction in favor of ATC Tower (Ghana) Limited, restraining Airtel Ghana Limited 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 court’s decision, issued on January 14, 2025, prohibits Airtel Ghana from engaging in any transactions that could impact its assets or business operations, either directly or indirectly, pending the conclusion of arbitration. The dispute revolves around claims by ATC Tower that Airtel Ghana owes significant overdue payments, which are the subject of arbitration proceedings.

Justice Sheila Minta, presiding over the case, stressed the need to prevent dissipation of assets that could render any arbitral award unenforceable.

In her ruling, she outlined the terms of the injunction, stating: “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 off, 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 International Chamber of Commerce, International Court of Arbitration in Paris.”

The injunction, effective immediately, is designed to ensure that Airtel Ghana’s assets remain intact until the arbitration process concludes.

Grounds

The application for the injunction was made 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. Counsel for ATC Tower, Dennis Adjei Dwomoh, supported by Marie Antoinette Anafi, argued the motion on behalf of the claimant.

The court heard responses from Henry Oppong-Dwamena, representing Airtel Ghana in the absence of lead counsel Kweku Paintsil. After deliberations, the court concluded that the injunction was necessary to safeguard the integrity of the arbitration process and prevent irreparable harm.

The court order limits Airtel Ghana’s ability to restructure or transfer its assets to third parties, including entities such as PPL Net Ghana Limited. Violating the order could result in contempt of court charges, carrying significant legal penalties.

The dispute highlights broader concerns about Airtel Ghana’s financial stability and operational practices. However, the company has yet to issue a detailed public statement regarding the court’s decision.

The injunction is expected to remain in force until the ICC delivers a final determination, a timeline that could extend for several months.

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