Adamus Mining still shipping gold without IMC’s approval, disregarding court order

April 15, 2024
Adamus Mining

Adamus Mining, a company 90% owned by Adamus Australia, was purportedly purchased by Nguvu Mining Limited, a company registered in Mauritius, sparking a chain of legal battles after the defendants (Adamus Mining) argued that one Moses Kobina Bosompem had never lawfully been a director or officer of Adamus Australia at the time he purported to have signed the 7th November 2022 share transfer agreement. This was done two weeks before the Supreme Court of Western Australia delivered its judgment against Angela List (90% shareholder in Nguvu Mining Limited).

Angela List, the CEO of the Company, initially commenced an action in the name of Nguvu Mining before the High Court, (Commercial Division 7) on the 8th of February 2023, seeking injunctive relief to restrain Allan Morrison (the sole director and secretary of Adamus Australia) from holding meetings in his capacity as the 90% majority shareholder representative of the Company. This was after Allan Morrison and Adamus Australia caused the publication of the 22nd November 2022 judgment of the Supreme Court of Western Australia against Angela List in Ghana, announcing that she had been removed as a director of the Company, following an Emergency General Meeting sanctioned by him.

Lawyers for Allan Morrison, in a counteraction, successfully secured a restraining order against Angela List and other directors of the Company on the 27th of July 2023, restraining them from having anything to do with the Company until the final determination of the case.

Due to these legal battles, the Court ordered for a five-member Interim Management Committee (IMC) to direct the management staff of the Company. The Ministry of complied with the orders of the Court and subsequently appointed Juliet Osei-Wusu (Mrs) as its representative to the IMC on the 5th of October 2023. Mr. Morrison and Adamus Australia followed suit through a resolution dated the 27th of July 2023 and duly appointed David Abini and Isaac Ackun as its representatives to the IMC.

Nguvu Mining, however, refused to make their appointments to the IMC and resorted to challenging meetings called either by the government representative or the defendants' representatives.

Following another ruling of the High Court, Commercial Division 7, on the 19th of February 2024, Nguvu Mining Limited forfeited its rights to appoint a member to the IMC when it failed to duly appoint a representative on the 29th of February 2024 and to have its appointee's name filed with the Registrar on the 4th of March 2024 as ordered by the Court. The Acting General Manager (GM) of the Company also forfeited his appointment to the IMC when he failed to file his appointment with the Registrar of the Commercial Court on the 4th of March 2024.

Despite these acts of flagrant disregard for the High Court's orders, the IMC held its maiden meeting on the 7th of March 2024 to appoint new lawyers for the Company at a time when no appeal or challenge had been made against the ruling of the 19th of February 2024. The IMC then called on the Acting GM to familiarize themselves with the operations of the Company and to put in place prudent measures for a new direction.

Since the substantive matter is yet to be heard, and until the final judgment is delivered, the Company will be under the control of the Court-imposed IMC.

However, the defendants have expressed concerns before the Court by filing a number of Applications for Interlocutory Injunctions to ensure that gold mined by the Company is directed by members of the IMC for all revenue to be accounted for while members of the board remained restrained.

In a surprising turn of events, on January 16, 2024, Angela List, on behalf of her Company Nguvu Mining Limited, wrote to the Attorney General of Ghana to request the AG's intervention in the ongoing litigation, particularly to seek the AG's advice in respect of the pending applications for injunction before the High Court, though the Government of Ghana is not a party to the suit.

A deputy AG, in their response dated the 22nd of January 2024, advised Angela List and Nguvu Mining that the service of an application for an injunction on the Company is NOT an injunction in itself that restrains the Company, though the High Court is yet to deliver its ruling on the pending applications for injunction.

“We are first of all appalled by this advice given by the learned deputy Attorney General because the said advice is divergent from the advice given by the Attorney General's Office to the President of the Republic asking him to withhold his assent to the Promotion of Human Sexual Rights and Family Values Bill of 2021 (Anti-LGBTQI Bill) pending the ruling of the Supreme Court on two injunction applications before it on the said bill. We are also raising concerns about the disregard of the Court's order for the IMC to handle affairs and profits accruing from the operations of Adamus Mining Limited. We have with great distress chanced upon several gold shipping deals currently being carried out under Adamus Mining Limited's name without the authority of the Court-appointed Interim Management Committee. Therefore, we are, by this letter, causing all parties involved in this act of disregard for the High Court's directives to cease and desist from engaging in any further action or face a contempt action to be instituted at the High Court should the said action continue.”

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