Bright Simons, Vice President of IMANI Africa, has announced that he will vigorously defend a defamation lawsuit filed against him by Ibrahim Mahama, brother of Ghana’s President and Chief Executive of Engineers & Planners (E&P).
The suit, demanding GHS 10 million in damages, stems from Simons’ public remarks concerning the financial standing of E&P in relation to a recently nationalised mining operation formerly run by Gold Fields.
The suit was filed after Simons made analytical remarks suggesting that E&P had been financially impacted by Gold Fields’ suspension of operations at Damang, where E&P had served as the primary mining contractor.
He also commented on alleged creditor dissatisfaction, describing them as “up in arms” over delayed payments – language which Mahama claims is defamatory.
“After studying the suit carefully, my lawyers and I have resolved to defend the above statements vigorously in court. We consider his lawsuit as intended to deter the most basic coverage of his affairs even if it touches on public interest”
Bright Simons, Vice President of IMANI Africa
In his response, Simons explained that his comments were grounded in standard business analysis and common knowledge within the mining industry.
He argued that when a paid service is suspended, financial consequences are inevitable, and when creditors experience delayed payments, it is natural for them to “protest vigorously”.
Simons further emphasised that the phrase “up in arms” was used idiomatically and referenced Oxford Languages’ definition of the term as “protesting vigorously.” He maintained that the creditors’ dissatisfaction, already in the public domain, was a known matter among serious industry observers.
He also referenced a $68 million loan E&P received in 2020 to expand operations at Damang, stating that delays in repayment had led to impairments and interest build-up.
Simons cited Gold Fields’ annual reports to back his claim that E&P was financially affected by reduced operations. He noted that full-scale mining at Damang ceased in 2022, leading to a shift towards stockpile processing in 2023. This, he reasoned, would reasonably impact a major contractor like E&P.
According to Simons, the situation becomes more significant because of the government’s recent nationalisation of the Damang mine, where E&P is positioned to continue providing services, albeit now to a state-owned operation. This, he argues, raises the threshold for public interest scrutiny.
“The fact that the government has nationalised a mine where he is the prime contractor suggests the possibility that he could continue delivering services there, but this time to a state-owned mine. That alone makes him a fair target for public interest scrutiny”
Bright Simons, Vice President of IMANI Africa
He also disclosed that he had reached out to Ibrahim Mahama after publishing his article, asking for documents to clarify any disputed facts, but Mahama declined to share them.
Simons denounced the lawsuit as an example of a SLAPP – Strategic Lawsuit Against Public Participation – intended to suppress legitimate critique of influential individuals. “It is designed to scare away analysts and activists from even the most basic scrutiny of Mr. Ibrahim Mahama and his company”
He insisted that he bears no personal ill will toward Mahama, but would not allow legal intimidation to silence his work.
“We shall not be deterred from continuing to scrutinise any dealings of his that we believe have public policy implications.
“The fear of lawsuits has created an atmosphere of censorship in Ghana whenever the interests of powerful and wealthy companies are placed in the spotlight”
Bright Simons, Vice President of IMANI Africa
Simons expressed concern that such lawsuits could discourage analysts and journalists from engaging with important issues involving certain individuals, especially those with connections to the presidency. Asserting his commitment to fair and evidence-based reporting, Simons concluded by reiterating his long-standing commitment to accountability.
“Accountability, as I like to say, is a marathon. We shall continue to provide fair, objective, and unflinching coverage of the business affairs of Mr. Ibrahim Mahama and Engineers & Planners whenever the public interest demands so”
Bright Simons, Vice President of IMANI Africa
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