The Accra High Court has cleared Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr. Samuel Amo Tobbin, of any wrongdoing concerning allegations that the company imported fake drugs into Ghana.
The court ruling by Her Ladyship Audrey Kocuvie-Tay on July 29, 2024, dismissed the claims made by Dr. Stephen Kwabena Opuni, the former Chief Executive Officer of the Food and Drugs Authority (FDA).
Tobinco Pharmaceuticals initiated legal proceedings against the FDA on July 19, 2019, alleging abuse of statutory powers and seeking damages for the harm caused by the regulatory body’s actions. The legal dispute dates back to events between September and December 2013, when the FDA, under Dr. Opuni’s leadership, accused Tobinco of importing fake drugs into the country.
The court’s decision comes as a significant victory for Tobinco Pharmaceuticals after a decade-long battle. The court found that the accusations against the company were baseless and that the FDA’s actions, led by Dr. Opuni, constituted an abuse of power.
Background of the Case
In 2013, the FDA, led by Dr. Opuni, launched a series of actions against Tobinco Pharmaceuticals, including the closure of the company’s warehouses across the country. These actions were based on unsubstantiated claims that Tobinco had imported fake drugs. The warehouses’ closure resulted in the rapid expiration of Tobinco’s products, causing significant financial losses for the company. Furthermore, the FDA banned Bliss GVS Pharma Limited, Tobinco’s principal business partner at the time, from exporting drugs to Ghana, further damaging the company’s reputation and business operations.
The court noted that Dr. Opuni’s actions extended beyond regulatory overreach. The FDA 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. Additionally, operatives from the Bureau of National Investigations (BNI), now known as the National Intelligence Bureau (NIB), detained Elder Dr. Tobbin and his business partner, Mr. Kamath, after a meeting with Dr. Opuni, using intimidation tactics that the court later deemed unlawful.
Court Findings
The High Court’s ruling emphasized several key points:
- Tobinco Pharmaceuticals did not import fake drugs into the Ghanaian market.
- The actions taken by the FDA and Dr. Opuni constituted an abuse of statutory powers and duties.
- The FDA failed to register non-expired drugs from Tobinco after fining the company for expired registrations, despite later registering the same drugs under new leadership.
- The court found evidence of coercion in obtaining confession statements from Elder Dr. Tobbin and Mr. Kamath, using documents prepared by the BNI with letterheads taken from Tobinco’s offices.
- The FDA’s prohibition of Tobinco’s products and the ban on Bliss GVS Pharma Limited’s exports to Ghana were ruled unlawful as they lacked proper authorization from the Minister of Health.
Reaction and Impact
Elder Dr. Samuel Amo Tobin expressed relief and satisfaction with the court’s judgment, stating, “It is a positive feeling and welcome news for a court of competent jurisdiction to affirm my innocence. It’s a very great feeling!”
Tobinco Pharmaceuticals has welcomed the ruling, viewing it as a vindication of its commitment to providing quality healthcare products. The company reiterated its dedication to producing and marketing safe, effective drugs for its customers in Ghana and across Africa.
As the company moves forward, Tobinco Pharmaceuticals expressed gratitude to the Ghanaian public for their support throughout the ordeal and reaffirmed its mission to continue delivering high-quality medical supplies to promote healthcare in the region.
Source: Ghana/Starrfm.com.gh/103.5FM/Emmanuel Mensah
