Tobinco Pharmaceuticals Limited (TPL) has won a court case against Food and Drugs Authority (FDA) over accusations of importation of fake drugs into the country.
An Accra High Court, presided over by Her Ladyship, Audrey Kocuvie-Tay, exonerated the Company in a ruling dated July 29, 2024, contrary to claims of wrongdoing by then Chief Executive Officer of the Food and Drugs Authority (FDA), Dr. Stephen Kwabena Opuni.
A statement released by the Corporate Affairs of the pharmaceutical company, said, “Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Mr Samuel Amo Tobbin, never imported fake drugs into the country, contrary to claims by former Chief Executive Officer of the Food and Drugs Authority (FDA), Dr. Stephen Kwabena Opuni, a court ruling has declared.”
Between September and December 2013, Dr. Opuni, reported Tobinco Pharmaceuticals Limited and its CEO Mr Samuel Amo Tobbin to the Economic and Organised Crime Office (EOCO) and caused the latter’s arrest on the premise that the Company had imported fake drugs.
The Opuni-led FDA proceeded to lock warehouses belonging to the Company across the country with the closure of the warehouses leading to a rapid expiration of the Company’s products.
The FDA also banned Bliss GVS Pharma Limited, the then principal business partner of Tobinco Pharmaceuticals Ltd from importing drugs into Ghana and labelled stored drugs as fake, leading to the confiscation of the drugs from customers.
Tobinco Pharmaceuticals Limited in proving its innocence commenced a legal action against the Food and Drugs Authority (FDA) on July 19, 2019, for abuse of statutory powers and duties and prayed the court for damages.
The court, in its ruling, asserted that Tobinco Pharmaceuticals Ltd did not import fake drugs into the Ghanaian market.
It also affirmed that the acts of the FDA and its Chief Executive Officer at the time, constituted misfeasance of a public office- an abuse of the FDA’s statutory powers and duties.
The Court also confirmed that because the Company was fined after 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.
It upheld that the FDA’s former CEO, Dr. Opuni, targeted the Company without any reason, as his departure led to the registration of the drugs.
Again, the Court acknowledged the coercion of Mr Tobbin and the Director of Bliss GVS Pharma, Mr. Kamath, to sign the “so-called” confession statements.
The Court again explained that a review of both documents confirmed that the wording was the same, with the only differences being the letterhead, names and signatures of the signatories.
Mr Samuel Amo Tobbin, in a response to the ruling, said: “It is a positive feeling and a welcome news for a court of competent jurisdiction to affirm my innocence.
It’s a very great feeling.”
He said Tobinco Pharmaceuticals Ltd had always produced and marketed its drugs professionally to its valued Ghanaian and African customers, and would never endanger their health, adding that the Company would continue to produce quality drugs and other medical supplies to promote quality healthcare.
