Accra High Court makes first ruling in Bright Simons vs. Fidelity Bank case

The court’s decision allows Simons to proceed with his counter-suit against the bank in the ongoing legal battle.

The dispute originated from statements made by Bright Simons on the social media platform X (formerly Twitter), echoing claims by energy expert Benjamin Boakye regarding alleged “sweetheart” forex transactions between Fidelity Bank and the Electricity Company of Ghana (ECG).

In response, Fidelity Bank initiated a defamation suit against Bright Simons.

However, in an unexpected turn, Simons not only defended his statements but also counter-sued Fidelity Bank, arguing that the transactions in question violated the Public Procurement Act and other national policies and therefore Fidelity Bank should not be allowed by the Court to enjoy the profits from the transaction.

Simons also raised concerns about potential conflicts of interest, highlighting the involvement of a senior Fidelity Bank executive who serves on the Board of ECG and is politically exposed.

Fidelity Bank sought to exclude these procurement-related allegations from the case, arguing they were criminal matters unfit for a civil defamation trial. However, the presiding Judge disagreed with Fidelity’s stance, citing legal precedents to support Simons’ right to include these issues in his defense and file a public interest lawsuit in addition.

She cited multiple cases to buttress her view that there is nothing legally wrong with Bright Simons’ approach to the case or his counter-suit against Fidelity Bank. After rejecting Fidelity’s application, she awarded costs of GHS 3,000 against the bank.

Bright Simons is represented in the case by AudreyGrey Legal, Tax, and Professional Services Firm in Accra, while Fidelity Bank is represented by the chambers of Dominic Ayine, the NDC MP for Bolgatanga East.

Although the Judge did not give further orders in the matter, the stage is set for a multifaceted legal battle between Fidelity Bank and Bright Simons. Both parties are now preparing to navigate not only the defamation suit but also the complex allegations of legal breaches and conflicts of interest.

Background

Fidelity Bank sued Bright Simons of IMANI Africa on March 25, 2024, for posting a tweet in which he claimed that Fidelity sold dollars in a sweetheart deal to ECG that may have caused losses.

Fidelity Bank is represented by Dominic Ayine, the NDC MP for Bolgatanga East.

Bright Simons’ comments were based on an earlier tweet by Benjamin Boakye of ACEP that said that the rate the dollars was sold was 13.95 rather than the Bank of Ghana reference rate which was less than 11.5 around October 2023 when the deal happened.

Bright Simons entered appearance on March 28, 2024, and filed his statement of defense the month after. He is represented by Audrey Grey, a corporate law firm in Accra.

Fidelity Bank’s suit, which was amended later, alleged that Bright Simons tweet was false, misleading, products of his imagination, and were mischievously authored to disparage the bank.

In Bright Simons’ defence, he rejected all the claims of Fidelity Bank at an earlier hearing on May 20, 2024.

He insisted that the numbers used in his tweet and that of Benjamin Boakye came from ECG’s own financial department that was submitted to the Cash Waterfall Mechanism committee at the PURC.