Court upholds inclusion of procurement abuse allegations in Fidelity Bank defamation suit against Bright Simons
The Accra High Court on Friday, July 5, 2024, dismissed an application by Fidelity Bank seeking to strike out procurement abuse claims from Bright Simon’s statement of defense in the bank’s defamation suit.
The court’s ruling enables Mr. Simons to continue his counter-suit against Fidelity Bank.
The dispute originated from Mr. Simons’ comments on X, formerly Twitter, echoing energy expert Benjamin Boakye’s claims of alleged “sweetheart” Forex transactions between Fidelity Bank and the Electricity Company of Ghana (ECG).
Bright Simons launches counter-suit against Fidelity Bank
In a surprising turn, Mr. Simons not only defended his remarks but also counter-sued, arguing that the transactions breached the Public Procurement Act and other national policies.
He contends that Fidelity Bank should not be permitted to benefit from the allegedly improper transactions.
Fidelity Bank’s argument to exclude the procurement allegations, on the grounds that they were criminal matters unsuitable for a civil defamation trial, was rejected by the presiding judge.
She cited legal precedents supporting Mr. Simons’ right to incorporate these issues into his defense and to pursue a public interest lawsuit.
Court awards GHS 3,000 in costs against Fidelity Bank
Following the dismissal of Fidelity Bank’s application, the court awarded GHS 3,000 in costs against the bank.
This decision underscores Mr. Simons’ right to challenge the alleged procurement abuses and highlight potential conflicts of interest, including the involvement of a senior Fidelity Bank executive on the ECG Board.
