FDA To Appeal Over GH¢93 Million Judgement Debt Awarded To Tobinco Pharma

• The FDA says it intends to appeal the court's ruling from its legal battle with Tobinco Pharmaceuticals Limited
• An Accra High Court had found that the FDA, under the leadership of Dr Stephen Opuni, had abused its authority against Tobinco and its CEO, Samuel Amo Tobbin
• The High Court awarded a judgement debt of GH¢93,905,760.79 to Tobinco Pharmaceuticals Limited

The FDA has announced its intention to appeal the ruling from its legal battle with Tobinco Pharmaceuticals Limited.

Following years of legal dispute, an Accra High Court ruled in favour of Tobinco Pharma, awarding the company a GH¢93,905,760.79 judgement debt.

The court found that the FDA and its then-CEO, Dr Stephen Opuni, abused their power in 2013 when they seized and destroyed pharmaceuticals owned by Tobinco after allegations that the company had imported unwholesome products into the country.

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The FDA also locked up the company's warehouses nationwide, causing large portions of their products to expire.

Following the trial, there have been claims that the FDA Chief Executive Officer, Dr Delese Darko, did not put up a strong defence for their 2013 actions, leading to the loss in court.

However, the FDA disagrees. A press release addressing the claims stated that the FDA mounted a robust defence throughout the six-year-long legal battle and is disappointed with the court’s ruling.

It affirmed its decision to challenge the Accra High Court’s ruling and assured the general public that it would follow due process until the matter is resolved.

“The Authority respectfully disagrees with the decision and intends to exercise its right to appeal,” it said.

The Tobinco case

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The legal battle began on July 19, 2019, when Tobinco Pharmaceuticals Limited filed a lawsuit against the FDA, accusing the authority of abusing its statutory powers and duties.

GNA reported that between September and December 2013, Opuni reported Tobinco and its Group Chairman, Samuel Amo Tobbin, to the Economic and Organised Crime Office (EOCO). This led to Tobbin's arrest over the claims.

The FDA also banned Tobinco's principal business partner, Bliss GVS Pharma Limited, from importing into Ghana.

The court ruled that the CEO at the time engaged in an abuse of power with the FDA. It held that Opuni targeted Tobinco without any reason and that his departure from the FDA made life easier for the company.

The court also acknowledged the coercion of Tobbin to sign the so-called confession statements.

Dr Tobbin discloses why he delayed legal action against FDA

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YEN.com.gh reported that the chairman of Tobinco Pharmaceuticals Limited explained why he delayed legal action against the FDA.

Samuel Amo Tobbin stated that he feared suing the FDA for alleged abuse of authority in 2013 because of Dr Stephen Opuni's presence.

He said Dr Opuni was very influential and could have used his influence to crush him even further.

Proofread by Edwina N.K Quarcoo, journalist and copy editor at YEN.com.gh.

Source: YEN.com.gh