On
Friday,
July
5,
the
Accra
High
Court
dismissed
an
application
brought
by
Fidelity
Bank
to
strike
out
pleadings
related
to
procurement
abuses
in
Bright
Simons
statement
of
defence
to
the
bank’s
libel
(defamation)
suit.
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
EGG
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
an
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
tweets
were
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
financial
department
that
was
submitted
to
the
Cash
Waterfall
Mechanism
committee
at
the
PURC.
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