Adamus Mining,a company 90% owned by Adamus Australia and 10% owned by the Government of Ghana has been embroiled in a legal tussle after the purported sale of 90% of the company’s stake to Nguvu Mining Limited, a company registered in Mauritius was challenged on account that the person who signed the alleged share transfer agreement was not a director or officer of the company hence lacked capacity to do so.
This culminated in a series of injunction applications which caused the Accra High Court to institute an Interim Management Committee to steer the affairs of the company and manage the accrual of revenue until a final determination of the matter.
However, in an act of flagrant disregard for the court’s directives, Nguvu Mines the company purported who purportedly purchased the 90% stake in the Adamus Mines are shipping gold mined by the company without the approval of the duly appointed IMC.
In a rather shocking turn of events, Angela List, 90% shareholder in Nguvu Mining Limited on behalf of her company wrote to the Attorney General of Ghana requesting for the AG’s advice in respect of the pending injunction applications before the High Court although the Government of Ghana is not a party to these pending applications.
A deputy Attorney General at page 3 of a response dated 22nd January,2024 proffered advice to Angela List and Nguvu Mining Limited that the said service for injunction on the company is NOT and injunction per se(by itself) hence the company is not restrained from carrying out its mandate since the High Court is yet to deliver its ruling on the injunction applications.
We find this advice to be quite unfortunate owing to the earlier position established by the Attorney General in its advice to the President of the Republic asking him to withhold his assent to the Promotion of Human Sexual Rights and Family Values Bill 2021(Anti-LGBTQI Bill) pending the ruling of the Supreme Court on two pending injunction applications currently before it which seeks to restrain the passage of the bill.
This rather unfortunate advice given by the learned deputy Attorney General has empowered Angela List and Nguvu Mining Limited to carry out its operations by shipping out gold from the country which does not only defy the orders of the High Court but is also inimical to the interests of the Government of Ghana since revenue to be accrued from its 10% stake in Adamus Mining is likely to suffer due to these actions.
This therefore begs the question, what is the interest of the Attorney General’s Office in this matter which is clearly violating the orders of the Accra High Court?
And also, the recent attack on the IMC by thugs when they decided to pay a working visit to the company’s Airport visit is further evidence of the illegal activities currently being perpetrated against Adamus Mining which must not be countenanced in a country whose adherence to the Rule of Law is unmatched.
We are therefore calling on all parties involved to cease from any further actions that undermines the authority of the High Court as we await its determination on the matter.
