A Civil Society Group, Lands and Mining Watch Ghana (LMWG) said, they are appalled by the revelation that Angela List, in collaboration with select individuals from political and security circles, for orchestrating a bold and illegal scheme to export gold valued allegedly at over 7 million USD from Adamus Resources, a cornerstone of Ghana’s mining industry.
This egregious violation of the law, according to Solomon Owusu, has been facilitated under the guise of the non-existence of the Interim Management Committee (IMC), in direct defiance of the consequential orders issued by the esteemed Accra High Court.
He averred that the contempt displayed by Angela List and her cohorts towards the clear directives of the Accra High Court regarding the constitution of an Interim Management Committee (IMC) for Adamus Resources is deeply troubling.
“Despite the court’s unambiguous instructions, our investigation has uncovered no evidence of an appeal lodged against these orders. This blatant disregard for the rule of law and the judiciary’s authority is unacceptable and demands immediate redress.”
The Group also mentioned that the conduct of the Attorney General’s office, in effect of an injunction application, is deeply troubling and that such interference in judicial matters undermines the independence and impartiality of our judicial system and erodes public confidence in the administration of justice.
They called on government to as a matter of urgency, fulfil its duty to protect its 10% interests in Adamus Resources.
According to the Group, the indifference exhibited by the Ministry of Lands and Natural Resources in addressing this matter promptly raises serious doubts about its commitment to upholding the nation’s sovereignty in the mining sector. Addressing a Press Conference in Accra yesterday, leader of the Group, Solomon Owusu indicated that there are certain security agencies working to facilitate the illegal exportation of gold, despite a pending injunction application.
This, he said undermines public trust in the integrity of law enforcement institutions and calls for urgent investigation and corrective action.
According to him, LMWG urgently calls upon His Excellency the President of Ghana to intervene decisively and restore the rule of law in the mining sector.
“The President in these difficult times of massive depreciation of the Ghanaian cedi should be more concerned about how dollars are shipped out of the country which dollars could be used to shore up the cedi’s stability. The media, civil society organizations, and all stakeholders must unite in demanding accountability and transparency. It is imperative that those responsible for violating the law are held to account and that measures are put in place to prevent such flagrant disregard for court orders and national interests from occurring in the future,” he said.
LMWG emphasizes the urgent need for immediate and resolute action to address the rampant impunity demonstrated by Angela List and her accomplices in the illegal exportation of gold from Adamus Resources.
He said the Government of Ghana must assert its authority and fulfill its responsibilities to safeguard the nation’s interests in the mining sector.
“Transparency, accountability, and adherence to the rule of law are essential for the sustainable management of Ghana’s natural resources and the equitable distribution of their benefits among all citizens.”
Meanwhile, Adamus Resources Limited has accused Solomon Owusu of distorting the actual situation surrounding the company’s operations and attempting to inject political undertones into the legal proceedings.
Adamus Resources asserts that there has been no court ruling barring the company from its day-to-day activities, including the processing and exporting of gold.
In fact, the company cites a court ruling affirming the continuation of its operations.
But, an Accra High Court has ordered a five-member Interim Management Committee (IMC) to take over the operations of Adamus Ghana Limited.
Adamus Resources Limited is 90% owned by Adamus Australia while the government of Ghana owns the remaining 10% shares.
Nguvu Mining Limited registered in Mauritius and ultimately own by Angela List claims to have acquired the 90% shares in the Company purportedly from Adamus Australia as depicted by the purported agreement signed on November 7th, 2022 and exhibited by parties in the ongoing case.
The share transfer referred to above purports to make Nguvu Mining Limited the majority shareholder (90%) of Adamus Resources Limited per details of the case.
The Defendants to the case have argued that Moses Kobina Bosompem has never lawfully been a director or officer of Adamus Australia at the time he purported to have signed that 7th November 2022 share transfer agreement, which was done two weeks before the Supreme Court of Western Australia delivered its judgment against Angela List.
Angela List the CEO of the Company at the time brought the case in the Name of Nguvu Mining and the Company before the High Court, Accra (Commercial Division 7) on the 8th of February 2023 to seek injunction reliefs to restrain Allan Morrison, who is the sole director and secretary of Adamus Australia, from holding meetings in his capacity as the 90% majority shareholder representative of the Company.
The case commenced after Allan Morrison and Adamus Australia published 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 rather 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.
The Court also ordered for a five-member Interim Management Committee (IMC) to direct the management staff of the Company.
The Ministry of Lands and Natural Resources complied with the orders of the Court to appoint Juliet Osei-Wusu (Mrs) as its representative to the IMC on the 5th of October 2023. Mr. Morrison and Adamus Australia by a resolution dated the 27th of July 2023 appointed David Abini and Isaac Ackun as it representatives to the IMC.
Nguvu Mining refused to make their appointments to the IMC and resorted to challenge 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 refused to do so by 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 appointed to the IMC when he failed to file his appointment with the Registrar of the Commercial Court on the 4th of March 2024.
According to Solomon Owusu, Lands and Mining Watch Ghana is not against any company operating or working but what they are insisting is for the IMC be allowed to oversee the management of the Resources in the interest of the people of Ghana and in strict adherence to the orders of the Court.
Prosper Agbenyega