An Accra High Court, presided over by Her Ladyship Audrey Kocuvie-Tay has discharged Group Chairman of Tobinco Pharmaceutical Limited (TPL), Samuel Amo Tobbin, and the company itself from allegations of importing fake drugs into Ghana.
This ruling concludes a decade-long ordeal marked by intense scrutiny and legal battles for the respected businessman and his company.
The allegations originated during the tenure of Dr. Stephen Kwabena Opuni as Chief Executive Officer of the Food and Drugs Authority (FDA).
Dr. Opuni accused Elder Samuel Tobbin of importing counterfeit drugs and subsequently led a series of actions against Tobinco Pharmaceuticals Limited. These actions included the locking of Tobinco’s warehouses nationwide, causing embarrassment and resulting in the rapid expiration of the company’s products due to lack of access.
Further intensifying the situation, the FDA banned Bliss GVS Pharma Limited, Tobinco’s principal business partner, from exporting drugs into Ghana, labelling Tobinco’s products as fake.
This led to the confiscation of the company’s drugs from customers. Dr. Opuni also reported Tobinco’s CEO to the Economic and Organised Crime Office (EOCO), which resulted in his arrest and detention at the Nima Police Station on December 2, 2013. This period was traumatic for Elder Tobbin, his family, and his employees.
Prior to the December detention at Nima Police Station, operatives of the Bureau of National Investigations (BNI), now known as the National Intelligence Bureau (NIB), intercepted Elder Tobbin and his partner, Mr. Kamath, after a meeting with Dr. Opuni. They were detained and coerced into signing statements, despite their innocence.
The intimidation and subsequent detention at NIB’s office and National Security further compounded the challenges faced by Tobinco.
Tobinco Pharmaceuticals therefore initiated legal action against the FDA on July 19, 2019, for abuse of statutory powers and duties, seeking damages.
After six years of back and forth, on July 29, 2024, Her Ladyship Audrey Kocuvie-Tay presiding over the Accra High Court, delivered a ruling that completely exonerated Dr. Samuel Tobbin and his company.
Here are the highlights of the Court Ruling indicating what informed the ruling:
1. No Fake Drugs: The court determined that Tobinco did not import fake drugs into Ghana.
2. Abuse of Power: The court found that the FDA, under Dr. Opuni, abused its statutory powers and duties, constituting misfeasance of public office.
3. Failure to Register Drugs: The court confirmed that the FDA, led by Dr. Opuni, failed or refused to register drugs that had not expired, despite fines imposed on Tobinco for expired drugs.
4. Targeted Actions: The court supported Tobinco’s claim that Dr. Opuni targeted the company without justification, noting that the same drugs were registered under a new FDA CEO, Mr. Hudu Mogtari.
5. Coerced Statements: The court acknowledged the coercion of Elder Tobbin and Mr. Kamath into signing confession statements, which were found to be identical in wording—a highly improbable scenario if draughted independently.
6. Unlawful Prohibitions: The court ruled that it was unlawful for the FDA to prohibit the sale of Tobinco’s products and ban Bliss GVS Pharma from exporting drugs to Ghana without an executive instrument from the Minister of Health.
7. Significant Damage: The court affirmed that the unlawful conduct of the FDA and its former CEO caused substantial damage and loss to Tobinco’s business.
Elder Dr. Samuel Amo Tobbin and Tobinco Pharmaceuticals Limited have welcomed the court’s judgement, which vindicates their stance that they have never imported substandard drugs into Ghana. Tobinco Pharmaceuticals remains committed to producing and marketing quality drugs and other medical supplies to its valued customers in Ghana and across Africa.
“It is a positive feeling and welcome news for a court of competent jurisdiction to affirm my innocence. It’s a very great feeling!” the CEO of the Tobinco Group expressed in a brief statement.
Tobinco Pharmaceuticals also extended their thanks to all Ghanaians for their prayers and support during this challenging period. The company reassured the public of its ongoing commitment to promoting quality healthcare through the production of reliable and effective medical supplies.