Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr. Samuel Amo Tobbin, have been exonerated from allegations of importing fake drugs into Ghana.
This ruling was handed down by the Accra High Court on July 29, 2024, under the authority of Her Ladyship Audrey Kocuvie-Tay.
Legal victory for Tobinco
The case, which began on July 19, 2019, saw Tobinco Pharmaceuticals suing the Food and Drugs Authority (FDA) for abuse of statutory powers and duties, seeking damages.
The court ruled in favor of Tobinco, affirming that the company did not import fake drugs into the Ghanaian market.
It further determined that the actions of the FDA and its former Chief Executive Officer (CEO), Dr. Stephen Kwabena Opuni, amounted to misfeasance in public office—an abuse of the FDA’s statutory powers and duties.
The court highlighted that after Tobinco was fined for selling drugs that had expired in terms of registration, the FDA, under Dr. Opuni’s leadership, failed or refused to register other drugs that had not expired.
The court also acknowledged that Tobinco’s CEO, Elder Dr. Tobbin, and the Director of Bliss GVS Pharma, Mr. Kamath, were coerced into signing suspicious confession statements, which were later found to have been identical in wording, suggesting a setup by the FDA.
Unlawful acts by the FDA
The court further condemned the FDA’s unlawful actions, including prohibiting the sale of Tobinco’s products without obtaining an Executive Instrument from the Minister of Health, and banning Bliss GVS Pharma Limited from exporting drugs into Ghana without the necessary ministerial approval.
These actions, the court affirmed, caused substantial damage and loss to Tobinco Pharmaceuticals.
Tobinco welcomes court ruling
Following the ruling, Elder Dr. Samuel Amo Tobbin and Tobinco Pharmaceuticals expressed relief and satisfaction with the judgment, stating it vindicated their long-held position that they had never imported substandard or fake drugs into the country.
“It is a positive feeling and welcome news for a court of competent jurisdiction to affirm my innocence. It’s a very great feeling!” Dr. Tobbin remarked in a brief statement.
Tobinco Pharmaceuticals reaffirmed its commitment to producing and marketing high-quality drugs for its Ghanaian and African customers, emphasizing that it would never endanger the health of the public.
The company also expressed gratitude to all Ghanaians for their prayers and support during the crisis and assured them of its continued dedication to promoting quality healthcare.
Background of the case
The legal battle dates back to between September and December 2013, when then FDA CEO Dr. Opuni launched a series of actions against Tobinco Pharmaceuticals, based on false accusations of importing fake drugs.
The FDA’s actions included locking down Tobinco’s warehouses nationwide, leading to the expiration of many products, banning the company’s business partner, Bliss GVS Pharma, from exporting drugs into Ghana, and labelling Tobinco’s products as fake.
These actions culminated in the arrest and detention of Dr. Tobbin by the Economic and Organised Crime Office (EOCO) and the National Investigations Board (NIB), causing significant trauma to his family, relatives, and employees.
Despite these adversities, Tobinco Pharmaceuticals has now been fully exonerated by the court, marking a significant victory for the company and its chairman.
