- FDA is set to appeal a significant GH¢93 million judgment awarded to Tobinco Pharmaceuticals
- The legal battle stems from the FDA's 2013 seizure and destruction of Tobinco's products
- The FDA has refuted claims of inadequate legal representation
The Food and Drugs Authority (FDA) has voiced its disagreement with the GH¢93,905,760.79 judgment debt recently awarded to Tobinco Pharmaceutical Limited in a protracted legal dispute.
This judgment followed the 2013 seizure and destruction of Tobinco’s products, which were alleged to be counterfeit.
Despite reports suggesting that the current FDA Chief Executive Officer (CEO), Dr. Delese Darko, did not mount a strong defense, leading to the Authority’s defeat in court, the FDA has firmly rejected these claims.
The Authority maintains that its current leadership, despite previous allegations made by Tobinco Pharmaceuticals against former CEO Dr. Stephen Opuni, provided a strong defense throughout the legal proceedings.
The FDA has announced its intention to appeal the court’s decision, emphasizing its commitment to the judicial process and adherence to the rule of law until the issue is fully resolved.
“The FDA acknowledges the High Court’s judgment but respectfully disagrees with the outcome and plans to appeal. The Authority remains committed to due process and the rule of law throughout this process.”
The recent ruling, delivered by Her Ladyship Audrey Kocuvie-Tay at the High Court in Accra on July 29, 2024, exonerated Tobinco Pharmaceuticals Limited and its Group Chairman, Elder Dr. Samuel Amo Tobbin, of allegations related to importing counterfeit drugs into Ghana. This decision stands in contrast to the claims made by former FDA CEO Dr. Stephen Kwabena Opuni.
The legal battle, which began on July 19, 2019, saw Tobinco Pharmaceuticals Ltd. suing the FDA for misuse of statutory powers. The controversy originated between September and December 2013 when Dr. Kwabena Opuni, then FDA CEO, accused Tobinco of importing counterfeit drugs.
Actions taken by the FDA included locking Tobinco’s warehouses, destroying its products, and banning its principal partner from exporting drugs to Ghana. This resulted in considerable financial losses and public embarrassment for Tobinco.
The situation intensified with the arrest and detention of Elder Dr. Tobbin by the Economic and Organised Crime Office (EOCO) on December 2, 2013. Earlier that year, he and his partner faced an intense and lengthy interrogation by the Bureau of National Investigations (BNI), now known as the National Intelligence Bureau (NIB).
After a decade-long legal struggle, Elder Dr. Tobbin was ultimately cleared of all allegations, marking a significant legal victory for him and Tobinco Pharmaceuticals.
