The Food and Drugs Authority (FDA) has voiced its dissatisfaction with the GH¢93,905,760.79 judgment debt awarded to Tobinco Pharmaceutical Limited following a lengthy legal battle.
This judgment stems from the 2013 seizure and destruction of Tobinco’s products, based on allegations that the company imported counterfeit drugs into Ghana.
Controversy surrounds the ruling, with reports suggesting that the FDA’s current Chief Executive Officer, Dr. Delese Darko, failed to mount a robust defence, resulting in the authority’s loss in court.
Despite these accusations, the FDA has firmly denied any claims of a weak defence, asserting that it provided a strong and consistent argument throughout the proceedings.
The agency highlighted that the allegations against its former CEO, Dr. Stephen Opuni, by Tobinco Pharmaceuticals did not detract from its commitment to due process.
In a statement, the FDA announced its intention to appeal the High Court’s decision, emphasizing its respect for the judicial process and its commitment to upholding the rule of law.
“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 statement read.
The dispute dates back to 2013 when the FDA, under Dr. Opuni’s leadership, seized and destroyed Tobinco’s products, shut down its warehouses, and banned its business partner, Bliss GVS Pharma Limited, based on allegations of counterfeit imports.
These actions led to significant financial losses and public embarrassment for Tobinco.
The situation intensified with the arrest and detention of Elder Dr. Samuel Amo Tobin, Group Chairman of Tobinco Pharmaceuticals, by the Economic and Organised Crime Office (EOCO) at Dr. Opuni’s behest. After a decade-long legal battle, the High Court ruled in Tobinco’s favor on July 29, 2024, clearing the company of all allegations.
The FDA remains resolute in its disagreement with the ruling and plans to continue seeking justice through an appeal, signaling that the contentious legal saga is far from over.
