…Announces appeal
The Chief Executive of the Food and Drugs Authority (FDA), has denied being negligent in the defense of the case filed by Tobinco Pharmaceuticals Ltd, and expressed the Authority’s intention to appeal against the GH¢93,905,760.79 judgment debt imposed on it by an Accra High Court.
Dr Delese Darko, did not respond to the specific cases of the letters she wrote requesting for investigation of Tobinco, the various investigative reports on the fake, unregistered drugs, the various meetings, including one at the National Security Secretariat, the confessions of Samuel Amo Tobin, and the destruction and reshipment of the medicines, among others.
She equally did not mention in her statement issued yesterday, August 15, 2024, why she failed to enter the witness boss, although she claimed to have mounted a fight against Tobinco, saying “The action initiated against the FDA in 2019 has consistently and vigorously been responded to by the FDA”.
She rather tried hanging it on the neck of her former boss, Dr Stephen Kwabena Opuni, saying “Despite the claims made against the then CEO, Dr Stephen Opuni, by the applicant, Tobinco Pharmaceuticals Ltd, the current leadership of the organization, have provided a defence to the courts at all material times”.
The court, on July 29, 2024, ordered the FDA to pay the said amount to Tobinco Pharmaceuticals Ltd. for the unlawful destruction of unexpired drugs belonging to the company.
In 2013, the FDA confiscated pharmaceutical products imported to Ghana by Tobinco because the products were unwholesome.
In 2019, Tobinco, sued the FDA six years after, asking the court to award costs against the Authourity and declare its action unlawful.
In reaching a decision, the court, presided over by Justice Audrey Kocuvie-Tay, declared that the wanton destruction of Tobinco’s unexpired products without obtaining any order from the court, was unlawful.
The court again declared that “the unlawful lockup of Tobinco’s warehouses by the FDA and bad media publicity by the FDA resulted in the massive expiration of Tobinco’s products between June 2014 and August 2015.”
Justice Kocuvie-Tay, further declared that the order by the FDA, prohibiting the sale of Tobinco’s products without obtaining an Executive Instrument (EI) from the Minister of Health, was unlawful.
She declared that the actions of the FDA and its CEO in banning Bliss GVS Pharma Limited from importing drugs into Ghana without the issuance of an E.I. by the minister, were unlawful.
The judge held that Tobinco, did not import fake drugs into the Ghanaian market.
However, the FDA, in a statement signed by its Chief Executive Officer, Dr Delese Darko, said it does not accept the court’s decision and will contest it at the Court of Appeal.
“The FDA acknowledges the judgment delivered by the High Court. However, the authority respectfully disagrees with the decision and intends to exercise its right to appeal. The FDA remains committed to upholding the judicial process and adhering to the rule of law and will follow due process until the matter is fully resolved.”
It further rubbished claims in the public space that its CEO was negligent in her actions, thus causing the Authority to suffer the loss.
“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., the current leadership of the organization has provided a defense to the courts at all material times. The action initiated against the FDA in 2019 has consistently and vigorously been responded to by the FDA,” the statement added.
Clarification on Tobinco Pharmaceuticals Ltd. v. Food and Drugs Authority
The Food and Drugs Authority (FDA) has noted with concern the manner in which the recent ruling in the case of Tobinco Pharmaceuticals Ltd. v. The Food and Drugs Authority is being reported in the media.
Some media reports suggest that the CEO, Dr Delese Darko, has been negligent in her actions, thus causing the Authority to suffer this loss.
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, the current leadership of the organisation have provided a defence to the courts at all material times.
The action initiated against the FDA in 2019 has consistently and vigorously been responded to by the FDA.
The FDA acknowledges the judgment delivered by the High Court. However, the Authority respectfully disagrees with the decision and intends to exercise its right to appeal.
The FDA remains committed to upholding the judicial process and adhering to the rule of law and will follow due process until the matter is fully resolved.
For all inquiries and concerns, please reach out to us through the contacts below.
Signed
Chief Executive Officer
Food and Drugs Authority
