Adamus Accuses Opponent Of Intimidation, Smear Campaign

…Insists There’s No IMC To Oversee Company’s Operation

Management of Adamus Ghana, a large-scale mining firm operating in Ellembelle District of the Western Region, has accused its opponent in a legal tussle of engaging in “intimidation and smear campaign” to malign management and use illegal means to take over the company, without any lawful orders from the court.

In a rejoinder sent to The Anchor, the company, said there is no Interim Management Committee (IMC) put in place to oversee the Adamus Ghana’s operations, contrary to claims in the media by their opponent, because there is a pending stay of execution before the courts, which is yet to be determined, hence legally, no party can hold itself out as an IMC.

The response from the company, follows a publication by this paper’s Monday, April 22, edition, in which some individuals claimed to be members of IMC alleged that they were prevented from executing a court directive, when they attempted to enter the premises of Adamus Ghana’s operational head office.

A member of the group, Isaac Ackon, who spoke to the media after the incident alleged, they had earlier been prevented from entering the Head Office in Accra on March 25, in an attempt to carry out their mandate.

But management of Adamus refuted the claim, describing it as erroneous and malicious, just to cause disruptions, even though there is a pending contempt application against the individuals holding themselves as IMC members.

It said, “There is a contempt application pending against the so-called IMC members

causing these disruptions, but they continue to act in defiance of the contempt applications, which should have barred them from acting in further contempt. They act in defiance of the Ghana Police, the Courts and any authority in Ghana for whatever reason”.

Summary of Issues

Detailing a summary of the company’s side of the story, management said, “Adamus Resources Ltd and its majority shareholder, Nguvu Mining Ltd, instituted an action against Adamus Resources (PTY) Ltd (“Adamus Australia”) and one Allan Morrison to restrain them from continuing to hold themselves out as having any interests in Adamus Resources Ltd”.

It said “At the time, the Defendants had engaged in several adverse publications against the company, claiming to be the rightful shareholders. All records at the Minerals Commission and the Companies Registry show that the defendants have no claim to the shares and no legal standing for their claims.

Subsequently, the defendants filed a defence and counterclaim to the Suit, along with an injunction to halt the current board and secretary from managing the company’s affairs”.

However, “On 27th July 2023, the High Court ruled in favour of the plaintiffs, issuing an injunction that barred the current board and secretary from any involvement with the company until the Suit is resolved. The court also ordered the formation of an interim management committee to oversee the company’s operations”.

Appeals

“Adamus Ghana and Nguvu Mining appealed against the decision and filed a stay of execution on 31 July 2023. Following this, the defendants ignored the applications and continued to erroneously and maliciously assert that an IMC was in place over Adamus Ghana’s affairs. Based on this malicious agenda, the defendants and their lawyer embarked on an intimidation and smear campaign to malign the management of Adamus Ghana and to use illegal means to take over the company without any lawful orders from the court”.

Withdrawal of IMC

“The Ministry of Lands and Natural Resources, led to believe that an IMC had been put in place, appointed a representative. However, realizing they had been misled, they wrote to the court to withdraw their representative. Thus, to date, the Ministry has not appointed any representative”.

According to Adamus Ghana, “In a court ruling dated 19 February 2024, the court clarified that no IMC was in place. The court also proceeded to strike out the defendant’s counterclaims. Thus, as it stands, the defendants do not have any counterclaim against the plaintiffs, as the court has struck them out”.

It noted that, “The court also made consequential orders that the parties were to appoint representatives and form the IMC. The plaintiffs, aggrieved by this, proceeded to appeal that part of the decision and filed for a stay of execution dated 8 March 2024.

“Thus, there is a pending stay of execution before the courts, which has yet to be determined. And legally, no party can hold itself out as an IMC. Regardless of all of this, the defendants still defiantly proceed to hold themselves out as IMC, clearly with the sole objective of causing mischief and disrupting the company’s operations”.

“There is a contempt application pending against the so-called IMC members causing these disruptions, but they continue to act in defiance of the contempt applications, which should have barred them from acting in further contempt. They act in defiance of the Ghana Police, the Courts and any authority in Ghana for whatever reason”

Source: Anchorghana.com