Accra High Court's ruling on Friday, July 5, denied Fidelity Bank's request to dismiss allegations in Bright Simons' defense related to procurement irregularities in their ongoing defamation case.The court's decision allows Simons to continue with his counter-claim against the bank in their legal dispute.

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The conflict arose when Bright Simons echoed claims by energy expert Benjamin Boakye on social media platform X (formerly Twitter), suggesting improprieties in forex transactions between Fidelity Bank and the Electricity Company of Ghana (ECG).In response, Fidelity Bank filed a defamation lawsuit against Simons.

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In a surprising twist, Simons not only defended his statements but also countersued Fidelity Bank, arguing that the transactions in question breached the Public Procurement Act and other national policies. He contended that Fidelity Bank should not profit from such transactions, particularly given the alleged conflicts of interest involving a senior bank executive who sits on ECG's board and holds political influence.

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Fidelity Bank attempted to have these procurement-related allegations excluded from the case, arguing they were criminal matters unsuitable for a civil defamation trial. However, the presiding Judge disagreed with Fidelity's argument, citing legal precedents supporting Simons' right to raise these issues in his defense and pursue a public interest lawsuit.

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The Judge referenced several legal cases to support her decision, affirming that Simons' approach and his counter-claim against Fidelity Bank were legally sound. As a result of rejecting Fidelity's application, she ordered the bank to pay costs totaling GHS 3,000.

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AudreyGrey Legal, Tax, and Professional Services Firm in Accra represent Bright Simons, while Fidelity Bank is represented by the chambers of Dominic Ayine, the NDC MP for Bolgatanga East.While the Judge did not issue further directives, the ruling sets the stage for a complex legal battle between Fidelity Bank and Bright Simons, with both parties preparing for the next phase of litigation.

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BackgroundFidelity Bank initiated a lawsuit against Bright Simons of IMANI Africa on March 25, 2024, following a tweet where he alleged that the bank conducted a dubious foreign exchange transaction with ECG, potentially resulting in financial losses.

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Represented by Dominic Ayine, the NDC MP for Bolgatanga East, Fidelity Bank claimed in its amended suit that Simons' tweet contained false and misleading information, fabricated to tarnish the bank's reputation.Simons, who entered his appearance on March 28, 2024, and is represented by the corporate law firm Audrey Grey in Accra, staunchly defended his statements.

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He argued that the figures cited in his tweet, as well as those from Benjamin Boakye's tweet, were sourced from financial documents provided by ECG's own financial department to the Cash Waterfall Mechanism committee at the PURC.In a preliminary hearing on May 20, 2024, Simons refuted all allegations made by Fidelity Bank, maintaining that his statements were based on credible sources and were not intended to defame the

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bank.

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