The case arises from a 19 April 2025 article by Bright Simons, Vice-President of IMANI Africa, titled “Ghana Provides a Lesson in How Not to Nationalise a Gold Mine.” (https://brightsimons.com/2025/04/ghana-provides-a-lesson-in-how-not-to-nationalise-a-gold-mine/)
Bright’s article was in response to a decision by the government to nationalise the mine. His concern was that a state-owned mine with a primary contractor being a company owned by the President’s brother would naturally raise concerns, especially when the current owners were given just a month to vacate the site, when by law a whole host of decommissioning activities, requiring many months of work and preparation, were pending.
Bright Simons, in his April 2025 article, reported that E&P was significantly affected by Gold Fields’ temporary suspension of mining operations, since the company’s payments depended on active ore deliveries. He further claimed that some creditors raised concerns over the production halt and called for closer scrutiny of politically connected companies operating within state-influenced sectors.
E&P subsequently filed a lawsuit claiming that the remarks falsely implied financial distress of the company and political favouritism. On 28 May 2025, Ibrahim Mahama and E&P sued in the High Court, Accra (Suit No. GJ/0832/2025), seeking GHS 10 million in damages, a broad retraction and apology, and an injunction against further statements. They argue that Simons’ words are false and malicious, damaging both personal and corporate reputation.
Bright Simons denied the defamation, framing his piece as factual economic commentary and legitimate public-interest analysis. He calls the lawsuit a SLAPP (“strategic litigation against public participation”), a strategic effort to chill criticism of politically exposed enterprises. In defense, he launched a two-pronged strategy: first, he filed two Requests to Admit Facts (3rd June and 25th June 2025) compelling the plaintiffs to confirm or deny over 90 factual propositions. Upon E&P’s refusal to respond, his lawyers then filed an Application to Strike Out the defamation suit as frivolous and abusive.
Through those filings, Simons effectively implies that E&P’s cash flow was heavily dependent on active ore mining at Damang and thus contracted sharply when Gold Fields suspended production in 2023. The company faced creditor pressure, including defaults, demand notices, variations of loan and facility terms, restructurings, and lawsuits involving suppliers such as Mantrac, Total Energies, CFAO, Sandvik Mining, and EBID.
The “Request to Admit Facts” filing by Simons’ legal team seeks to establish that his earlier statements were based on factual information and therefore not defamatory. The document outlines various commercial interactions between Engineers & Planners and other companies in the mining and industrial sectors, referencing financial and operational challenges faced within the broader industry context.
Simons’ procedural logic is straightforward: if the plaintiffs admit (or fail to deny) these facts within 14 days, they are deemed admitted under Ghana’s civil-procedure rules. Once admitted, the core statements become objectively true, leaving no defamatory meaning to try. That, he argues, makes the pleadings “frivolous, vexatious, and an abuse of process,” warranting a strike-out without a full trial.
On 11 November 2025, Justice Emmanuel Kofi Diaba of the High Court dismissed Simons’ application to strike out, holding that the claim raises triable issues about the meaning and truth of the statements. Simons has been ordered to file his defence within seven days. The court’s decision does not determine truth or falsity; it simply means the matter must proceed to full hearing.
The case crystallises a national debate over free expression, corporate accountability, and political exposure. Simons casts himself as defending the citizen’s right to critique how resource contracts intersect with political power, while E&P and Ibrahim Mahama frame the article as reckless and harmful. The outcome will likely set precedent on how far Ghanaian analysts and journalists can go in scrutinising politically connected business figures.
Timelines
| Date | Event |
| 19 Apr 2025 | Simons publishes the Damang-mine article. |
| 28 May 2025 | Mahama & E&P file GHS 10 m defamation suit. |
| 3 & 25 Jun 2025 | Simons files Requests to Admit Facts. |
| 21 Jul 2025 | Application to Strike Out pleadings filed. |
| 11 Nov 2025 | Court dismisses strike-out; defence ordered. |
Bottom line:
Bright Simons’ filings imply that E&P was financially strained after Damang’s slowdown and under creditor pressure, validating his public comments.
His legal strategy consists of using factual admissions to establish truth and then strike out the claim. It has so far not succeeded procedurally, but the substantive defence of truth and fair comment remains central as the case heads to trial.
Perhaps, most importantly, the trial will pry open the inner workings of the mining business empire of Ghana’s most powerful corporate figure, the flamboyant brother of the country’s President.
