The Food and Drugs Authority (FDA) has expressed its dissatisfaction with the GH¢93,905,760.79 judgment debt awarded to Tobinco Pharmaceutical Limited in a protracted legal battle.
This judgment was the outcome of a case involving the seizure and destruction of Tobinco’s products in 2013, following accusations that the company had imported counterfeit drugs into Ghana.
Reports have implied that the current FDA Chief Executive Officer (CEO), Dr. Delese Darko, failed to present a strong defence, resulting in the Authority’s loss in court. However, the FDA has strongly denied these claims, insisting that the current leadership provided a robust defence throughout the court proceedings, despite Tobinco Pharmaceuticals’ allegations against former CEO Dr. Stephen Opuni.
The FDA in a press statement has announced its decision to appeal the ruling, emphasizing its commitment to the judicial process.
The Authority reassured the public that it would pursue all legal avenues until the matter is fully resolved.
“The FDA acknowledges the judgment delivered by the High Court. However, the Authority respectfully disagrees with the decision and intends to exercise its right to appeal. The FDA remains committed to upholding the judicial process, adhering to the rule of law, and will follow due process until the matter is fully resolved,” the statement read.
Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr. Samuel Amo Tobbin, were cleared of allegations of importing counterfeit drugs into Ghana.
This ruling, issued by Her Ladyship Audrey Kocuvie-Tay at the High Court, Accra, on July 29, 2024, stands in contrast to claims previously made by former FDA CEO Dr. Stephen Kwabena Opuni.
The legal dispute began on July 19, 2019, when Tobinco Pharmaceuticals Limited sued the FDA, accusing the authority of abusing its statutory powers and responsibilities.
The controversy traces back to the period between September and December 2013, during which Dr. Kwabena Opuni, then Chief Executive Officer of the Food and Drugs Authority (FDA), initiated a series of regulatory actions against Tobinco Pharmaceuticals Limited.
These actions were predicated on allegations that the company had imported counterfeit pharmaceuticals into Ghana.
In the course of these measures, the FDA sealed Tobinco’s warehouses across the country, resulting in considerable reputational damage to the company and its chairman.
The regulatory authority further disposed of Tobinco’s products, causing substantial financial losses as the products perished rapidly.
Moreover, the FDA imposed a ban on Bliss GVS Pharma Limited, Tobinco’s primary business partner at the time, from exporting drugs to Ghana.
This prohibition, combined with the classification of Tobinco’s drugs as counterfeit, led to the confiscation of the company’s products from its customers.
Dr. Opuni further reported Elder Dr. Samuel Amo Tobbin to the Economic and Organised Crime Office (EOCO), culminating in his arrest and subsequent detention at the Nima Police Station on December 2, 2013.
Earlier, on September 13, 2013, operatives from the Bureau of National Investigations (BNI), now known as the National Intelligence Bureau (NIB), intercepted Elder Dr. Tobbin and his business associate, Mr. Kamath.
They were detained and interrogated for nearly an entire day without any charges being preferred against them.
Subsequently, both individuals were required to report to the NIB office daily for further questioning by National Security.
Godfred Sey/ Ahotoronline.com
