The High Court in Accra has dismissed an application from Bright Simons seeking to strike out a defamation action by Ibrahim Mahama, seeking GH¢10 million damages against him.
This was after the court, presided over by Justice Emmanuel Kofi Diaba, essentially agreed with the basis of opposition mounted by lawyers of Ibrahim Mahama, led by Bobby Banson Esq.
Following the dismissal of the application as lacking merit, the court has ordered Mr. Simons, who is the defendant in the defamation suit, to file his defence within 7 days.
The ruling of the Court was was delivered on Thursday, November 6, 2025.
Frivolous Application
The plaintiff, through his lawyers, argued that the action brought by the respondents against him is without legal basis and frivolous.
He contended that the action was instituted maliciously and “without good grounds, to create trouble and expense for me (i.e., vexatious) simply for expressing a view on a matter concerning the mineral resources of the Republic of Ghana, which under the 1992 Constitution is vested in the President of the Republic of Ghana for the benefit of all citizens – including myself.”
He further argued that the pleadings are also an abuse of the process of the court and designed for the collateral purpose of gagging and preventing him from expressing his views and opinions.
Application Opposed
Counsel for Ibrahim Mahama described the application as “unmeritorious and misconceived.”
He submitted that the applicants are attempting to use the present application as a disguised defence to the substantive action filed by the respondents, which attempt the court ought not to countenance.
Counsel argued that the court has already set down the issues for determination in the case and provided timelines for the filing of witness statements by the parties.
He said having set down the issues for determination, the statement of claim cannot properly be impugned as being scandalous, frivolous, or vexatious.
Attempt to Delay Case
Mr. Banson Esq. contends that any failure by the respondents to respond to the “Request to Admit Facts” does not render and cannot be deemed to have rendered the statement of claim frivolous, scandalous, or vexatious, particularly when the statement of claim was filed before the said “Request to Admit Facts.”
Following the dismissal of the application, the defamation action will take its normal course.
*Background*
Earlier this year, businessman Ibrahim Mahama filed a defamation action against Bright Simons, Vice President of IMANI Africa, over what he described as a series of “false and malicious” publications that have damaged both his personal reputation and that of his company, Engineers and Planners (E&P).
The plaintiffs argue that Simons made defamatory claims in an article titled “Ghana Provides a Lesson in How Not to Nationalise a Gold Mine” published on April 19, 2025, on his personal website, (link unavailable)
Reliefs Sought
The plaintiffs are seeking:
-A declaration that the statements made by the Defendant, which have been particularised in paragraphs 14(a) and (b) of the statement of claim are defamatory of the Plaintiff.
-An order directed at the Defendant to publish on the same platforms that he published the defamatory words as welll as a full page of the Daily Graphic Newspaper, on six consecutive occasions over a 3-month period, an unqualified retraction, and an apology to the Plaintiffs;
-An order for perpetual injunction restraining the Defendant, his agents, assigns, and servants from further publishing any defamatory words against the Plaintiffs.
-General Damages of Ten Million Ghana Cedis (GHS 10,000,000.00) for defamation;
Costs, including legal fees.
Source :www.kumasimail.com
