High Court Exonerates Tobinco Over Fake Drugs

Accra, August 11, 2024—Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr. Samuel Amo Tobbin, never imported fake drugs into the country, contrary to claims by former Chief Executive Officer of the Food and Drugs Authority (FDA), Dr. Stephen Kwabena Opuni, a court ruling has declared.

Her Ladyship Audrey Kocuvie-Tay presided over the Accra High Court, which exonerated the company in a ruling dated July 29, 2024.

Tobinco Pharmaceuticals Limited commenced 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.

Background

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 respected businessman, who continuously experienced negative media publicity during the period.

The regulator also proceeded to dispose of Tobinco’s products. The closure of the warehouses led 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 traumatized his family, close relatives, and hundreds of his employees.

Prior to that, on September 13, 2013, operatives of the BNI, now NIB, 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.

The operatives intimidated the two gentlemen, into remaining silent, warning them that their words would serve as evidence in court.

They were sent to NIB’s office at 37, and detained for nearly the entire day despite their innocence, as they (NIB) were unable to pursue any charges against them.

Later, they received a directive to report to the office daily. The gentlemen were later sent to National Security for further questioning.

However, 10 years later, Elder Dr. Samuel Amo Tobbin secured justice, as a court of competent jurisdiction completely exonerated him.

Highlights of the Court Ruling:

1. The court determined that Tobinco did not import fake drugs into the Ghanaian market.
2. The Court affirmed that the acts of the FDA and its Chief Executive Officer at the time, Dr. Opuni, constituted misfeasance of a public office, i.e., an abuse of the FDA’s statutory powers and duties.
3. 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.
4. 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.
5. 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.
6. The Court explained that a 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.
7. The Court expressed its view that if Dr. Tobbin and Mr. Kamath had written the documents separately, it is unlikely the wording would have been identical.
8. The Court also confirmed that the FDA took the letterheads of Tobinco and Bliss GVS Pharma from Tobinco’s offices, provided them to BNI, now NIB, and used them to type out statements for them to sign.
9. The Court confirmed 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.
10. The Court ruled 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.
11. 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.

Tobinco’s Position on Court Ruling

Elder Dr. Samuel Amo Tobbin and Tobinco Pharmaceuticals Limited welcome the court’s judgment, as it vindicates their position that they have never imported substandard drugs (fake drugs) into the country.

Tobinco Pharmaceuticals 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.

The company takes this opportunity to thank all Ghanaians for their prayers and support during the crisis and wishes them well. Tobinco will continue to produce quality drugs and other medical supplies to promote quality healthcare.

ISSUED BY CORPORATE AFFAIRS
Media contacts:
Gideon Tettey Tetteh
Addison Bright Sloane, Barristers, Solicitors, Consultants
0208063398

Justice Annan
Head of Regulatory Affairs,

Tobinco Pharmaceuticals Ltd.