The Food and Drugs Authority (FDA) has expressed its displeasure with the court ruling awarding a judgement debt against the Authority to Tobinco Pharmaceutical Limited.
The protracted legal dispute ended last month with a GH¢93,905,760.79 judgment debt awarded to Tobinco Pharmaceutical Limited.
The company filed a suit against the FDA in 2019 after the Authority destroyed products belonging to Tobinco after it accused the company of bringing in counterfeit goods into the country.
Following the judgement, reports have suggested that the FDA failed to mount a strong defense in court leading to its loss of the suit.
However, the Authority in a statement issued on August 15 disagreed with claims of being unable to present a strong defense in court.
It asserted that despite the allegations against former CEO Dr Stephen Opuni by Tobinco Pharmaceuticals Ltd. the current leadership of FDA provided a robust defence at all material times during the court proceedings.
““The FDA acknowledges the judgment delivered by the High Court. However, the Authority respectfully disagrees with the decision and intends to exercise its right to appeal.
“The FDA remains committed to upholding the judicial process and adhering to the rule of law and will follow due process until the matter is fully resolved.”
Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr Samuel Amo Tobbin, were cleared of allegations of importing fake drugs into Ghana.
This ruling, delivered by Her Ladyship Audrey Kocuvie-Tay at the High Court, Accra, on July 29, 2024, was against claims made by former Chief Executive Officer of the Food and Drugs Authority (FDA), Dr Stephen Kwabena Opuni that the company had imported fake products into the country.
Background
Between September and December 2013, former CEO of FDA, 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 final judgement was delivered on July 29 clearing Tobinco of the allegations and awarding judgement debt against FDA.
