The Commercial Division of the High Court in Accra has granted an interim injunction to ATC Tower (Ghana) Limited, preventing Airtel Ghana from transferring or disposing of its assets during an ongoing arbitration process at the International Chamber of Commerce (ICC) in Paris.
The ruling, issued on January 14, 2025, comes as ATC Tower claims Airtel Ghana has failed to settle significant overdue payments.
Justice Sheila Minta, who presided over the case, emphasized that the injunction was necessary to protect the integrity of the arbitration process and ensure that any potential award could be enforced. The court ordered that Airtel Ghana and its affiliates be prohibited from engaging in transactions that could affect its assets or operations, either directly or indirectly, until the arbitration is concluded.
The injunction applies to all potential transfers, encumbrances, or dealings with Airtel Ghana’s assets, including those involving subsidiaries or third parties, such as PPL Net Ghana Limited. The court’s decision reflects concerns over the dissipation of assets that could undermine the outcome of the arbitration.
The legal grounds for the injunction were based on Section 39(1)(e) of the Alternative Dispute Resolution Act, 2010, and Order 25 Rule 1 of the High Court (Civil Procedure) Rules. ATC Tower’s legal team, led by Dennis Adjei Dwomoh and Marie Antoinette Anafi, argued that the injunction was critical to preserve the assets until a final arbitration decision was made. Airtel Ghana’s legal representative, Henry Oppong-Dwamena, did not oppose the injunction but presented the company’s position during the hearing.
The court’s ruling underscores concerns about Airtel Ghana’s financial stability, though the company has not yet commented publicly on the decision. The injunction will remain in effect until the ICC renders its final decision on the dispute, which may take several months to resolve.
This legal development highlights the ongoing financial tensions surrounding Airtel Ghana and raises questions about its ability to resolve outstanding claims. The case is closely watched by stakeholders within Ghana’s telecom industry, as it could set a precedent for similar disputes in the future.