AHigh Court in Accra has cleared Tobinco Pharmaceuticals Limited (TPL)over claims by the Food and Drugs Authority (FDA)that the company imported fake drugs into the country.
A judgementby Her Ladyship Audrey Kocuvie-Tay on July 29, 2024also exonerated the company’s Group Chairman, Elder Dr. Samuel Amo Tobbin, who insisted the company never imported fake drugs.
Per the court’s ruling, activities of the FDA and its Chief Executive Officer (CEO) at the time, Dr. Opuni, constituted misfeasance of a public office and an abuse of the FDA’s statutory powers and duties.
The judgement also went contrary to claims by former CEO of the FDA, Dr. Stephen Kwabena Opuni, who claimed that the Company imported fake drugs.
It would be recalled that between September and December 2013, the FDA, led by its CEO, Dr. Kwabena Opuni, embarked on series of operations and activities, aimed at clamping down on the importation of fake or unwholesome drugs into the country.
In the process, Tobinco Pharmaceuticals Limited became a victim, as the regulator proceeded to dispose of some of Tobinco’s productsand locked the company’s warehouses across the country, following allegations that the company had imported fake drugs.
The company said the move did not just embarrass the CEO and affect the company’s image, but it also led to the rapid expiration of Tobinco’s products and a wide spread negative publicity.
Furthermore, the FDA placed a ban on Bliss GVS Pharma Limited, the then principal business partner of Tobinco, from exporting drugs into Ghana, while all Tobinco’s drugs, labelled as fake, were confiscated.
Tobinco’s legal fight back
Following the FDA’s action, TobincoPharmaceuticals Limited commenced legal action against the authority on July 19, 2019 for abuse of statutory powers and duties and prayed the court for damages, three years after the actions of the FDA.
According to the company, its CEO and the Director of Bliss GVS Pharma, Mr. Kamath, were coerced to sign the so-called confession statements when they were both arrested.
Highlights of the Court’sjudgment
In a press release from the company, Tobinco, highlighted the judgment of the court.
According to the statement, the court determined that Tobinco did not import fake drugs into the Ghanaian market and affirmed that the acts of the FDA and its Chief Executive Officer at the time, Dr. Opuni, constituted misfeasance of a public office and an abuse of the FDA’s statutory powers and duties.
The court, according to the release, confirmed that after Tobinco was fined because some of its drugs had expired in terms of registration, the FDA, led by Dr. Opuni, failed or refused to register the drugs that had not expired, in terms of registration.
The court explained that a review of both documents “confession statements” confirmed that the wording was the same, with the only difference being the letterhead and the names and signatures of the signatories.
The court is said to have expressed its view that if Dr. Tobbin and Mr. Kamath had written the documents separately, it was unlikely the wording would have been identical and confirmed that the FDA took the letterheads of Tobinco and Bliss GVSPharma from Tobinco’s offices, provided them to NIB and used them to type out statements for them to sign.
Additionally, the release said the court confirmed that it was unlawful for the FDA to prohibit the sale of Tobinco’s products without obtaining an Executive Instrument from the Minister for Health, adding that the ban on Bliss GVS Pharma Limited from exporting drugs into Ghana without the Minister’s approval of an Executive Instrument was unlawful.
According to the press release, the court noted that the unlawful conduct of the FDA and its former CEO, Dr. Opuni, caused substantial damage and loss to the plaintiff’s business.
Tobinco’s Position on Court Outcome
The press release said Dr. Samuel Amo Tobbin and Tobinco Pharmaceuticals Limited welcomed the court’s judgment, saying it vindicated their position that they have never imported substandard drugs (fake drugs) into the country.
In a brief statement, theCEO of the Tobinco Group said, “It is a positive feeling and welcome news for a court of competent jurisdiction to affirm my innocence. It’s a very great feeling.”
He gave an assurance thatTobincowould continue to produce quality drugs and other medical supplies to promote quality healthcare and thanked Ghanaians for their prayers and support during the crisis.
