Import of Fake Drugs: Tobinco  Pharmaceuticals, CEO exonerated

Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr. Samuel Amo Tobbin, have been exonerated by the Accra High Court following accusations that the company imported fake drugs into Ghana.

The ruling, delivered on July 29, 2024, by Her Ladyship Audrey Kocuvie-Tay, marks the conclusion of a protracted legal battle that began over a decade ago.

Background

The legal dispute originated in late 2013 when Dr. Stephen Kwabena Opuni, the then Chief Executive Officer of the Food and Drugs Authority (FDA), accused Tobinco Pharmaceuticals of importing substandard drugs into the country.

The FDA, under Dr. Opuni’s leadership, launched a series of punitive measures against Tobinco, including the closure of its warehouses across Ghana, the confiscation and destruction of its products, and a ban on its principal business partner, Bliss GVS Pharma Limited, from exporting drugs to Ghana.

These actions, which resulted in widespread media coverage, not only damaged Tobinco’s reputation but also caused significant financial losses due to the expiration of products during the warehouse closures.

Additionally, Dr. Opuni reported Dr. Tobbin to the Economic and Organised Crime Office (EOCO), leading to his arrest and detention. The incident, which saw Dr. Tobbin and Bliss GVS Pharma’s Director, Mr. Kamath, being coerced into signing “confession” statements, further intensified the ordeal.

Court’s Ruling

After years of legal proceedings, the Accra High Court delivered a landmark ruling that fully exonerated Tobinco Pharmaceuticals and its CEO, Elder Dr. Samuel Amo Tobbin. The court found that the company had not imported fake drugs into Ghana, as alleged by the FDA. Instead, the court determined that the FDA and its former CEO, Dr. Opuni, had abused their statutory powers and duties, engaging in acts of misfeasance.

Court highlight

The Accra High Court ruled that the actions taken by the Food and Drugs Authority (FDA) against Tobinco Pharmaceuticals Limited were unlawful, as they lacked the necessary approval from the Minister of Health. Among these actions were the prohibition of Tobinco’s product sales and the ban on drug exports from Bliss GVS Pharma Limited, Tobinco’s principal business partner.

The court emphasized that such significant regulatory actions required formal authorization through an Executive Instrument, which the FDA, under Dr. Stephen Kwabena Opuni’s leadership, failed to obtain. This oversight rendered the FDA’s measures illegal and an abuse of its regulatory powers.

In a further condemnation of the FDA’s actions, the court confirmed that Tobinco’s CEO, Elder Dr. Samuel Amo Tobbin, and Bliss GVS Pharma’s Director, Mr. Kamath, were coerced into signing “confession” statements. These statements, which were later discovered to have identical wording, were fabricated using Tobinco’s letterheads that had been unlawfully obtained by the FDA.

The court found that these documents were not genuine confessions but rather the product of coercion, with the FDA exploiting its authority to intimidate and force compliance from the company’s leadership.

The court also noted that the FDA’s targeting of Tobinco Pharmaceuticals appeared to be unfounded and unjustified. After Dr. Opuni left his position as FDA CEO, the very same drugs that had previously been rejected were subsequently approved for registration under the administration of the new CEO, Mr. Hudu Mogtari.

This inconsistency suggested that the original rejection of the drugs was not based on legitimate concerns but rather on a baseless targeting of Tobinco by the FDA under Dr. Opuni’s tenure.

Finally, the court recognized the significant damage caused to Tobinco Pharmaceuticals as a result of the FDA’s unlawful conduct. The actions taken by the FDA led to substantial financial losses for the company, including the expiration of products during the unjustified warehouse closures and the damage to Tobinco’s reputation.

The court affirmed that Tobinco was entitled to seek damages for the harm inflicted on its business, holding the FDA accountable for the substantial losses the company suffered due to its illegal actions.

Tobinco’s Respons

In response to the court’s ruling, Elder Dr. Samuel Amo Tobbin expressed relief and gratitude, stating that the judgment vindicates both him and his company. “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 statement.

Tobinco Pharmaceuticals has reiterated its commitment to producing and distributing quality drugs to its customers in Ghana and across Africa. The company also extended its gratitude to Ghanaians for their support during the difficult period and assured them of its continued dedication to promoting quality healthcare.

The ruling marks a significant victory for Tobinco Pharmaceuticals and serves as a cautionary tale about the abuse of regulatory power, highlighting the importance of due process and fairness in the exercise of statutory duties.

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