High Court clears Tobinco of fake drugs allegations after 10years

Aug 12, 2024 - 13:31

Allegations against Elder Dr. Samuel Amo Tobbin, the Group Chairman of Tobinco Pharmaceuticals Limited (TPL) over the importation of counterfeit medications into Ghana have bee withdrawn.

This decision, rendered on July 29, 2024, in the High Court in Accra by Her Ladyship Audrey Kocuvie-Tay, refutes assertions made by Dr. Stephen Kwabena Opuni, the former CEO of the Food and Drugs Authority (FDA).

Tobinco Pharmaceuticals Limited filed a complaint against the FDA on July 19, 2019, alleging that the agency had misused its statutory authority and responsibilities. This marked the start of the legal war.The business demanded compensation for the harm that the FDA's actions had created.

Background of Legal tussle

Dr. Kwabena Opuni, the FDA's CEO at the time, initiated a number of proceedings against Tobinco Pharmaceuticals Limited between September and December 2013, which is when the scandal began. Claims that the corporation had brought in counterfeit medications were the basis for these charges.

The firm and its chairman suffered great embarrassment when the FDA closed down Tobinco's warehouses around the country as part of this action. As a result of the items' quick expiration, the regulator also disposed of Tobinco's products, which caused significant financial losses.

Tobinco's main commercial partner at the time, Bliss GVS Pharma Limited, was also prohibited by the FDA from shipping medications to Ghana. As a result of this prohibition and the designation of Tobinco's pharmaceuticals as counterfeit, consumers had their purchases seized.

Elder Dr. Tobbin was arrested and detained at the Nima Police Station on December 2, 2013, after Dr. Opuni reported him to the Economic and Organised Crime Office (EOCO). This marked a major uptick in the issue. The event greatly distressed his family, relatives, and coworkers.

On September 13, 2013, Elder Dr. Tobbin and his partner, Mr. Kamath, were dramatically intercepted by agents of the Bureau of National Investigations (BNI) and were held and interrogated for almost a whole day without being given a formal charge. Afterwards, National Security began questioning the two further and they were mandated to go to the NIB office every day.

Elder Dr. Tobbin was ultimately vindicated after a ten-year court battle, with the court ruling in his favour and clearing his name of all allegations.

According to a statement released on August 11, 2024, the company is seeking damages for the harm caused by the FDA’s actions.