Court Exonerates Tobinco Over Fake Drugs Claim

A High Court in Accra has upheld a suit filed by Tobinco Pharmaceuticals Limited (TPL) against the Food and Drugs Authority (FDA), clearing the company and its Group Chairman, Elder Dr. Samuel Amo Tobbin of claims it imported expired drugs into the country in 2013.

The court, presided over by Justice Audrey Kocuvie-Tay, held, among other things that, the company did not import fake drugs into the Ghanaian market, and that it was unlawful for the FDA to prohibit the sale of Tobinco’s products without obtaining an Executive Instrument from the Minister of Health at the time.

The court has awarded a total of GH¢93,905,760.79 in favour of Tobinco against the FDA as damages, among others.

Tobinco Pharmaceuticals Limited commenced legal action against the FDA in July 2019, for abuse of statutory powers and duties, and prayed the court for damages.

Between September and December 2013, the then FDA CEO, Dr. Kwabena Opuni, embarked on a series of adversarial activities targeting Tobinco Pharmaceuticals Limited.

These activities were based on the false premise that the company had imported fake drugs into the country.

The Opuni-led FDA proceeded to lock warehouses belonging to Tobinco across the country, causing needless embarrassment to the businessman, who continuously experienced negative media publicity during the period.

The regulator also proceeded to dispose of Tobinco’s products, with the closure of the warehouses leading to the rapid expiration of Tobinco’s products.

The FDA further banned Bliss GVS Pharma Limited, the then principal business partner of Tobinco, from exporting drugs into Ghana and labelled Tobinco’s drugs as fake, leading to the confiscation of its (Tobinco) drugs from customers.

Furthermore, Dr. Opuni reported the Tobinco CEO to the Economic and Organised Crime Office (EOCO), resulting in his arrest and detention at the Nima Police Station on December 2, 2013, a development that traumatised his family, close relatives, and hundreds of his employees.

Officers of National Intelligence Bureau (NIB) later crossed the Tobinco CEO and his then partner, Mr. Kamath, in a Rambo style on their way to the office after a brief meeting with Dr. Opuni.

They were sent to NIB’s office at 37, and detained for nearly the entire day and were later directed to report to the office daily.

They later filed a suit against the FDA over the unlawful closure of its warehouses and the prohibition of the sale of its products.

Judgement

Justice Kocuvie-Tay, in her judgement, held that Tobinco did not import fake drugs into the Ghanaian market, and that the acts of the FDA and its Chief Executive Officer at the time, Dr. Opuni, constituted misfeasance of a public office.

The court 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 found that Tobinco’s contention was that the FDA’s former CEO, Dr. Opuni, targeted the company without any reason, as Dr. Opuni’s departure led to the registration of the same drugs under a new CEO, Mr. Hudu Mogtari.

The court acknowledged the coercion of Tobinco’s CEO and the Director of Bliss GVS Pharma, Mr. Kamath, to sign the so-called confession statements as a careful review of both documents confirmed that the wording is the same, with the only differences being the letterhead and the names and signatures of the signatories.

The court also held that it was unlawful for the FDA to prohibit the sale of Tobinco’s products without obtaining an Executive Instrument from the Minister of Health.

Again, the court held that it was unlawful for the FDA to ban Bliss GVS Pharma Limited from exporting drugs into Ghana without the minister’s approval of an Executive Instrument.

The court affirmed that the unlawful conduct of the FDA and its former CEO, Dr. Opuni, caused substantial damage and loss to the plaintiff’s business.

Reaction

Tobinco Pharmaceuticals Limited and Elder Dr. Samuel Amo Tobbin, in a statement, welcomed the court’s judgement, as it vindicates their position that they have never imported substandard drugs into the country.

The statement said Tobinco has always produced and marketed its drugs professionally to its valued Ghanaian and African customers, so it will never endanger their health.

“It is a positive feeling and welcome news for a court of competent jurisdiction to affirm my innocence. It’s a very great feeling!” CEO of the Tobinco Group said in a brief statement.

It added that Tobinco will continue to produce quality drugs and other medical supplies to promote quality healthcare.

Source:dailyguidenetwork.com