The ruling on July 29, 2024, ordered the FDA to pay an amount of GHC 93,905,760.79 judgement dept imposed on it by an Accra High Court for the unlawful destruction of expired drugs belonging to the pharmaceutical company.
A statement issued and copied to the Ghana News Agency by the Authority assured the public that it would follow due process until the matter was fully resolved.
“The FDA acknowledges the judgement delivered by the High Court. However, the Authority respectfully disagrees with the decision and intends to exercise its right to appeal,” it said.
The statement also refuted claims that Dr Delese Darko, the Chief Executive Officer, FDA, had been negligent in her actions thus causing the Authority to suffer the loss.
It said “for the avoidance of doubt, the Authority informs the public that this case stems from actions taken in 2013 despite the claims made against the then CEO, Dr. Stephen Opuni, by the applicant, Tobinco Pharmaceuticals Ltd.”
It emphasised that the current leadership of the Authority had provided a defence to the courts at all material times, adding that the action initiated against the FDA in 2019, had consistently and vigorously been responded to by the FDA.
The legal dispute started in 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 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.
GNA