Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr. Samuel Amo Tobbin, have been cleared of allegations of importing fake drugs into Ghana, following a ruling by the Accra High Court.
The court’s decision, delivered by Her Ladyship Audrey Kocuvie-Tay on July 29, 2024, brings an end to a decade-long legal battle against the company initiated by the former Chief Executive Officer of the Food and Drugs Authority (FDA), Dr. Stephen Kwabena Opuni.
The High Court ruled in favour of Tobinco Pharmaceuticals, determining that the company did not import fake drugs into the Ghanaian market, as had been alleged by Dr. Opuni.
The court criticized the FDA’s actions, describing them as an abuse of statutory powers and duties.
The judgment further noted that the FDA, under Dr. Opuni’s leadership, failed to register drugs that had not expired, despite fining Tobinco for other expired registrations.
“The acts of the FDA and its Chief Executive Officer at the time, Dr. Opuni, constituted misfeasance of a public office,” the court affirmed, highlighting the abuse of authority that led to significant financial losses and reputational damage for Tobinco Pharmaceuticals.
The case dates back to 2013 when Dr. Opuni accused Tobinco Pharmaceuticals of importing fake drugs, leading to a series of adversarial actions by the FDA.
These actions included the closure of Tobinco’s warehouses across the country, the destruction of its products, and the banning of its principal business partner, Bliss GVS Pharma Limited, from exporting drugs into Ghana.
The High Court also acknowledged the coercion tactics employed by Dr. Opuni and his team, including the intimidation of Tobinco’s CEO, Elder Dr. Samuel Amo Tobbin, and the Director of Bliss GVS Pharma, Mr Kamath, into signing confession statements under duress.
The court found that the FDA had unlawfully used Tobinco’s and Bliss GVS Pharma’s letterheads to type out identical statements for the executives to sign.
“If Dr. Tobbin and Mr. Kamath had written the documents separately, it is unlikely the wording would have been identical,” the court observed, further condemning the FDA’s actions.
Following the ruling, Elder Dr. Samuel Amo Tobbin expressed relief and gratitude for the court’s decision, which he said vindicated his company’s longstanding commitment to providing quality healthcare products.
“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 said in a brief statement.
Tobinco Pharmaceuticals Limited also issued a statement, reaffirming its dedication to producing and marketing high-quality drugs for its customers across Ghana and Africa.
“Tobinco Pharmaceuticals has always produced and marketed its drugs professionally to its valued Ghanaian and African customers, so it will never endanger their health,” the company said.
The company extended its gratitude to all Ghanaians for their support during the challenging period and assured the public of its continued commitment to promoting quality healthcare.
“We thank all Ghanaians for their prayers and support during this crisis. Tobinco will continue to produce quality drugs and other medical supplies to promote quality healthcare,” the statement concluded.
