The Accra High Court has exonerated Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr. Samuel Amo Tobbin, from accusations of importing fake drugs into Ghana.

The court’s ruling, delivered by Her Ladyship Audrey Kocuvie-Tay on July 29, 2024, dismissed the claims made by the former Chief Executive Officer of the Food and Drugs Authority (FDA), Dr. Stephen Kwabena Opuni, which had marred the reputation of the pharmaceutical giant for over a decade.

The legal battle began, when Tobinco Pharmaceuticals took legal action against the FDA, accusing the regulatory body of abusing its statutory powers.

The case stemmed from events between September and December 2013, during which Dr. Opuni, then head of the FDA, conducted a series of actions against Tobinco based on allegations that the company had imported counterfeit drugs.

These actions included the closure of Tobinco’s warehouses across the country, the confiscation and destruction of the company’s products, and a ban on Bliss GVS Pharma Limited, Tobinco's principal business partner, from exporting drugs to Ghana.

The situation escalated when Dr. Opuni reported Elder Dr. Tobbin to the Economic and Organised Crime Office (EOCO), leading to his arrest and detention at the Nima Police Station in December 2013.

The court's ruling highlighted several key findings:

Tobinco Pharmaceuticals did not import fake drugs into Ghana. The FDA, under Dr. Opuni’s leadership, abused its statutory powers by targeting Tobinco without justification. The FDA’s failure to register some of Tobinco's drugs, which led to the company's fine, was unjustified, as the same drugs were registered under a new CEO, Mr. Hudu Mogtari, after Dr. Opuni's departure. The court found evidence that the FDA coerced Elder Dr. Tobbin and Mr. Kamath, Director of Bliss GVS Pharma, into signing false confession statements, which were identical in wording. The court ruled that the FDA's prohibition of the sale of Tobinco’s products and the ban on Bliss GVS Pharma without the approval of an Executive Instrument from the Minister of Health was unlawful. The unlawful actions of the FDA and Dr. Opuni caused significant damage to Tobinco’s business.

In response to the court's ruling, Elder Dr. Samuel Amo Tobbin expressed relief and satisfaction.

"It is a positive feeling and welcome news for a court of competent jurisdiction to affirm my innocence.

It’s a very great feeling!" he stated in a brief comment.

Tobinco Pharmaceuticals expressed gratitude to Ghanaians for their support during the crisis and reaffirmed its commitment to producing and marketing quality drugs for its customers in Ghana and across Africa.

This was contained in a release dated August 11, 2024 and signed by Gideon Tettey Tetteh, Corporate Affairs
Tobinco Pharmaceuticals Limited