The High Court in Accra has dismissed an application by Bright Simons to strike out a GH₵ 10 million defamation lawsuit filed against him by businessman Ibrahim Mahama and his company Engineers & Planners (E&P), setting the stage for what could become Ghana’s most closely watched defamation trial.
Justice Emmanuel Kofi Diaba ruled on November 11, 2025, that the lawsuit raises triable issues regarding the truth and meaning of statements published by Simons. The judge ordered the IMANI Africa Vice President to file his formal defence within seven days, effectively advancing the case toward a full hearing.
The dispute originated from an April 19, 2025 article by Simons titled “Ghana Provides a Lesson in How Not to Nationalise a Gold Mine.” The piece criticized the government’s decision to nationalise a gold mine and questioned the role of E&P, owned by Ibrahim Mahama, brother of President John Dramani Mahama, as a key contractor in the state owned mining operation.
Simons warned in his article that the arrangement raised questions about political influence and corporate transparency. He noted that industry observers were fully aware E&P had been significantly affected by Gold Fields’ decision to temporarily halt active mining operations at the site.
The article also stated that E&P’s creditors had expressed concerns following Gold Fields’ decision to suspend mining activities. These assertions formed the basis of the defamation claim that followed weeks later.
E&P and Mahama filed their lawsuit on May 28, 2025, alleging the statements were false and malicious. The plaintiffs claimed the article falsely implied their company was experiencing financial distress and benefiting from political favoritism through its government contracts.
The suit seeks GH₵ 10 million in damages, along with a public retraction and apology from Simons. Plaintiffs also requested an injunction to prevent further publication of similar allegations about their business operations.
Simons has consistently denied committing defamation, maintaining his article represented fair economic commentary serving the public interest. He characterized the lawsuit as a Strategic Litigation Against Public Participation (SLAPP), designed to silence legitimate scrutiny of politically exposed enterprises.
In June 2025, Simons launched a procedural defence strategy centered on truth and factual admission. He filed two Requests to Admit Facts on June 3 and June 25, compelling the plaintiffs to confirm or deny more than 90 factual statements about E&P’s operations, finances, and creditor relationships.
When the company declined to respond to these requests, Simons applied on July 21 to have the case struck out as frivolous and abusive. He argued that under Ghana’s civil procedure rules, unchallenged facts presented in such requests are deemed admitted by the opposing party.
Justice Diaba rejected this procedural argument in his November 11 ruling, determining that the substantive issues raised by the lawsuit merit examination through a full trial. The decision means both parties will present evidence and testimony regarding the disputed statements and their factual basis.
The case could establish significant precedent for how far journalists and policy commentators in Ghana can go when critiquing political and business figures. Legal experts note that the outcome may influence future public interest reporting on matters involving government connected enterprises.
Supporters view Simons’ defence as a crucial test of press freedom and accountability in Ghana’s democratic system. They argue that robust public debate about resource governance and political influence requires protection for critical commentary based on available information.
Critics counter that public commentary should not come at the expense of reputational harm, particularly when allegations about financial distress or political corruption lack definitive proof. They maintain that defamation law serves legitimate purposes in protecting individuals and businesses from false accusations.
The proceedings will likely draw intense public and media attention as they examine the intersection of business, politics, and resource governance. Beyond immediate legal implications, the trial could provide rare insight into financial dealings of one of Ghana’s most powerful corporate actors.
The case also raises broader questions about the balance between protecting reputation and enabling public interest journalism. Courts worldwide struggle with defining appropriate limits on criticism of public figures and politically connected businesses.
Trial proceedings are expected to begin once Simons files his defence within the court mandated seven day period. Both sides will present witnesses and documentary evidence supporting their respective positions on whether the published statements constituted defamation.
Ibrahim Mahama has built a substantial business empire through E&P, which operates across multiple sectors including mining, construction, and logistics. The company’s involvement in various government projects has periodically attracted public scrutiny regarding procurement processes and contract awards.
IMANI Africa regularly publishes policy analysis and commentary on governance issues, including resource management and state enterprise operations. The organization positions itself as an independent watchdog promoting transparency and accountability in public affairs.
