The High Court in Accra has dismissed an application by Bright Simons seeking to strike out a defamation lawsuit filed by businessman Ibrahim Mahama, who is seeking GH¢10 million in damages.
The ruling was delivered on Thursday, November 6, 2025, by Justice Emmanuel Kofi Diaba, who found the application lacked merit.
Following the dismissal, the court ordered Mr. Simons, the defendant in the defamation case, to file his defence within seven days.
In his application, Mr. Simons argued that the defamation suit brought against him was frivolous and without legal basis. He contended that the action was filed maliciously and vexatiously, designed to create trouble and expense for him. He explained that the case arose from his comments on issues concerning Ghana’s mineral resources, which, under the 1992 Constitution, are vested in the President for the benefit of all citizens.
Simons further claimed that the lawsuit amounted to an abuse of the court process, intended to gag him and prevent him from expressing his views and opinions on matters of public interest.
Opposition by Ibrahim Mahama’s Lawyers
Represented by Bobby Banson Esq., lawyers for Ibrahim Mahama described the application as “unmeritorious and misconceived.” They argued that Simons was effectively attempting to use the strike-out motion as a disguised defence against the substantive defamation action—a tactic the court should not allow.
Counsel noted that the court had already set down issues for determination and established timelines for the filing of witness statements, making any attempt to impugn the statement of claim as frivolous, scandalous, or vexatious inappropriate.
Mr. Banson further submitted that any failure by the respondents to respond to a “Request to Admit Facts” could not retroactively render the claim frivolous, especially since the statement of claim was filed prior to the request.
With the dismissal of the strike-out application, the defamation suit against Bright Simons will proceed along its normal course, with the defendant now required to submit his defence within the timeframe set by the court.
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.
