FDA reacts to Tobinco Pharmaceuticals’ victory in court

The Food and Drugs Authority (FDA) has expressed its dissatisfaction with the GH¢93,905,760.79 judgment debt awarded to Tobinco Pharmaceutical Limited in a longstanding legal dispute. The FDA Chief Executive Officer (CEO), Dr. Delese Darko, has been accused of failing to provide a strong defence, leading to the Authority’s loss in court. However, the FDA has refuted these claims, stating that they provided a robust defence at all material times during the court proceedings.

The FDA has announced its intention to appeal the court’s ruling, reaffirming its commitment to upholding the judicial process. The Authority assured the public that it will follow due process until the matter is fully resolved.

Tobinco Pharmaceuticals Limited and its Group Chairman, Elder Dr Samuel Amo Tobbin, have been cleared of allegations of importing fake drugs into Ghana. This ruling contradicts claims made by former FDA CEO, Dr Stephen Kwabena Opuni.

The legal battle began in 2019 when Tobinco Pharmaceuticals Limited filed a lawsuit against the FDA, accusing the authority of abusing its statutory powers and duties. The controversy dates back to actions taken by Dr. Opuni in 2013 against Tobinco Pharmaceuticals Limited, based on allegations of importing fake drugs into the country, leading to significant financial losses for the company.

After a decade-long legal struggle, Elder Dr Tobbin was vindicated, with the court ruling in his favour and clearing his name of all allegations. The FDA has refuted claims of negligence and expressed its respect for the court’s ruling in favor of Tobinco Pharmaceuticals. They have reiterated their commitment to upholding regulatory standards in the pharmaceutical industry for the benefit of the public.

Read the full statement by Food and Drugs Authority

Clarification on Tobinco Pharmaceuticals Ltd. vs. Food and Drugs Authority