FDA to appeal judgment in Tobinco case, refutes allegations of weak defence

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 longstanding legal dispute.

The judgment debt was awarded to Tobinco Pharmaceuticals following the seizure and subsequent destruction of their products in 2013, after allegations that the company had imported counterfeit products into the country.

Reports have suggested that the current FDA Chief Executive Officer (CEO), Dr. Delese Darko, did not mount a strong enough defence, leading to the Authority’s loss in court.

However, in a statement, the FDA refuted claims of a weak defence, asserting that the current leadership, despite the allegations against former CEO Dr Stephen Opuni by Tobinco Pharmaceuticals Ltd., provided a robust defence at all material times during the court proceedings.

The FDA has announced its intention to appeal the court’s ruling, reaffirming its commitment to upholding the judicial process.

The Authority assured the public that it will follow due process 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 and adhering to the rule of law and will follow due process until the matter is fully resolved.”

Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr Samuel Amo Tobbin, were cleared of allegations of importing fake drugs into Ghana.

This ruling, delivered by Her Ladyship Audrey Kocuvie-Tay at the High Court, Accra, on July 29, 2024, contradicts claims made by former Chief Executive Officer of the Food and Drugs Authority (FDA), Dr Stephen Kwabena Opuni.

The legal battle began on July 19, 2019, when Tobinco Pharmaceuticals Limited filed a lawsuit against the FDA, accusing the authority of abusing its statutory powers and duties.

Background

The controversy dates back to between September and December 2013, when Dr. Kwabena Opuni, then CEO of the FDA, launched a series of actions against Tobinco Pharmaceuticals Limited. These actions were based on accusations that the company had imported fake drugs into the country.

As part of these measures, the FDA locked Tobinco’s warehouses nationwide, leading to significant embarrassment for the company and its chairman. The regulator also disposed of Tobinco’s products, resulting in substantial financial losses as the products expired rapidly.

Additionally, the FDA banned Bliss GVS Pharma Limited, Tobinco’s principal business partner at the time, from exporting drugs to Ghana. This ban, coupled with the labelling of Tobinco’s drugs as fake, led to the confiscation of the company’s products from customers.

The situation escalated when Dr Opuni reported Elder Dr Tobbin to the Economic and Organised Crime Office (EOCO), leading to his arrest and detention at the Nima Police Station on December 2, 2013. This incident caused significant distress to his family, relatives, and employees.

Earlier, on September 13, 2013, operatives of the Bureau of National Investigations (BNI), now the National Intelligence Bureau (NIB), intercepted Elder Dr Tobbin and his partner, Mr Kamath, in a dramatic manner. They were detained and questioned for nearly an entire day without any charges being brought against them. The two were later required to report to the NIB office daily and were further questioned by National Security.

After a decade-long legal struggle, Elder Dr Tobbin was finally vindicated, with the court ruling in his favour and clearing his name of all allegations.