FDA Vows To Appeal GH¢93.9m Judgment Debt To Tobinco Pharmaceuticals

The Food and Drugs Authority (FDA) has expressed its discontent with the GH¢93,905,760.79 judgment debt awarded to Tobinco Pharmaceutical Limited in a protracted legal battle.

The judgment follows the seizure and destruction of Tobinco’s products in 2013, after allegations that the company imported counterfeit drugs into Ghana.

The ruling has sparked controversy, with reports suggesting that the FDA’s current Chief Executive Officer, Dr Delese Darko, failed to mount a robust defence, leading to the authority’s loss in court.

However, the FDA has firmly refuted these claims, maintaining that it provided a strong defence throughout the proceedings despite the accusations against former CEO Dr. Stephen Opuni by Tobinco Pharmaceuticals.

In a statement, the FDA announced its intention to appeal the High Court’s decision, stressing its commitment to the judicial process and ensuring that due process is followed until the matter is fully resolved.

“The FDA acknowledges the judgment delivered by the High Court. However, the Authority respectfully disagrees with the decision and intends to exercise its right to appeal,” the statement read.

“The FDA remains committed to upholding the judicial process and adhering to the rule of law and will follow due process until the matter is fully resolved.”

The legal dispute dates back to 2013 when Tobinco’s products were seized and destroyed by the FDA under Dr. Opuni’s leadership, based on allegations that the company had imported fake drugs.

The actions taken by the FDA, including locking Tobinco’s warehouses and banning its principal business partner Bliss GVS Pharma Limited, caused significant financial losses and public embarrassment for the company.

The situation further escalated when Elder Dr Samuel Amo Tobin, Group Chairman of Tobinco Pharmaceuticals, was arrested and detained by the Economic and Organised Crime Office (EOCO) at the request of Dr Opuni.

After a decade-long legal battle, Tobinco and its chairman were finally vindicated, with the High Court ruling in their favour on July 29, 2024.

The court’s decision contradicted the claims made by Dr Opuni, clearing Tobinco Pharmaceuticals of all allegations of importing counterfeit drugs.

The FDA, however, remains resolute in its disagreement with the ruling and has signalled its intention to seek justice through an appeal, continuing the fight in what has been a lengthy and contentious legal saga.

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