Angela List through her company Nguvu Mining Limited commenced an action against Allan Roy Morrison and Adamus Resources (PTY) Limited (Adamus Australia) seeking amongst other to restrain Allan Morrison and Adamus Australia from holding themselves out or acting in any official capacity with respect to Adamus Resources Limited (Adamus Ghana).
The crux of her claim was that Nguvu Mining was the owner of 90% of the shares of Adamus Ghana, this acquisition was done by virtue of a share transfer dated 7th November 2022. As a result, the only party that could act with respect to Adamus Ghana was Nguvu Mining and in extent the management set up by Angela List to manage the affairs of Adamus Ghana and its Nzema Mine.
Allan Roy Morrison and Adamus Australia counter claimed in respect of this suit, in their defence and counterclaim they contended that Nguvu Mining’s acquisition of the shares of Adamus Ghana was fraudulent as the alleged share transfer agreement was signed by a person who had no authority to act on behalf of Adamus Australia. They stated that the only director and secretary of Adamus Australia was Allan Roy Morrison. They contended that the share transfer was signed by one Moses Kobena Bosompem, a person who had not been appointed to the Board of Adamus Australia and whose very appointment had been successfully challenged in the courts of Western Australia. The said Moses Bosompem they continued was an agent of Angela List was only doing her bidding in helping her illegally take control of Adamus Ghana.
In the course of the proceedings an interlocutory injunction was granted restraining Angela List and her appointees from acting as Directors of the company. In its place an Interim Management Committee (IMC) was formed to manage the affairs of Adamus Ghana. The IMC was to be made up of representatives of Angela List, representatives of Allan Morrison and Adamus Australia and a representative of the Ministry of Lands and Natural Resources. Angela List used every possible means to prevent the IMC from operating. This included filing various applications aimed at staying the execution of the order and numerous appeals. She later withdrew these court processes after she had stultified this order of the court.
Her coup de grace came when an interlocutory injunction was filed by Allan Morrison and Adamus Australia seeking to injunct Adamus Ghana from exporting gold whiles the IMC had not been able to perform its function of managing the affairs of the company. This application was properly served on Nguvu Mining and Adamus Ghana. In brazen disrespect for the rules of procedure Adamus Ghana continued to export gold out of the country all though they had notice of the application. When an attempt to export gold was foiled at the airports, the Adamus Australia took it as a sign that the justice system was at work. However, in a sudden turn of events Adamus Ghana was allowed by the authorities to export gold, which they have continued to do with impunity despite the existence of the injunction application.
It has come to light that Angela List was emboldened to take this stance because of an opinion delivered by Diana Asonaba Dapaah, the Deputy Attorney General on behalf of the Attorney- General. The opinion dated 22nd January 2024, advised Angela List to continue with the export of gold despite the service of the application for injunction and the creation of the IMC. The last paragraph of the opinion stated that it was the Attorney-General’s view that the service of the application for injunction was in not in itself injunctive and should not restrain the company from acting.
The position by the Attorney-General in this instance is directly opposite to the position of the law, it is well known that the service of an application for injunction provisionally injuncts a party till the determination of the application. Where a person after service of an injunction application continues to operate, the party become liable to committal for contempt. These are well established principles of law and have been applied in a plethora of cases within the Ghanaian jurisprudence. This principle of law is so well known that the same Attorney-General in a letter dated 18th March 2024 addressed to the President of the Republic advised the President not to take any further actions in respect of the Human Sexual Rights and Family values Bill, once it had been served with an application for interlocutory injunction. The Attorney-General injuncted the President from acting because of the pendency of the injunction application.
The questions to be asked about this situation is what could have motivated Attorney-General to move from the accepted legal position when it came to the private matters of Angela List and Nguvu Mining. Why did the Attorney-General not deviate again when it came to the grander constitutional matter of signing a bill.
