An Accra High Court, under the leadership of Justice Audrey Kocuvie-Tay, has acquitted Samuel Amo Tobbin, Group Chairman of Tobinco Pharmaceutical Limited (TPL), and the company itself of accusations related to the importation of counterfeit drugs into Ghana.
This verdict concludes a prolonged legal struggle that has persisted for over a decade.
The allegations against Tobbinco Pharmaceuticals emerged during Dr. Stephen Kwabena Opuni’s tenure as Chief Executive Officer of the Food and Drugs Authority (FDA).
Dr. Opuni had accused Tobbin of importing counterfeit medications, leading to the closure of Tobinco’s warehouses nationwide. Due to restricted access, its products quickly expired.
The situation escalated when the FDA prohibited Bliss GVS Pharma Limited, Tobinco’s leading business partner, from exporting drugs to Ghana, further intensifying the controversy.
Tobbinco’s products were seized from customers, and Dr. Opuni reported Tobbin to the Economic and Organised Crime Office (EOCO). This resulted in Tobbin’s arrest and detention at the Nima Police Station on December 2, 2013.
Earlier in September 2013, Tobbin and his associate, Mr. Kamath, were intercepted by operatives of the Bureau of National Investigations (BNI), now known as the National Intelligence Bureau (NIB), following a meeting with Dr. Opuni.
They were detained and reportedly coerced into signing statements despite their claims of innocence.
The pressures and subsequent detentions at NIB’s office and National Security posed significant challenges for Tobbinco and were traumatic for Tobbin, his family, and his employees.
Tobinco Pharmaceuticals initiated legal proceedings against the FDA on July 19, 2019, accusing the agency of abusing its statutory powers and duties.
After years of litigation, Justice Kocuvie-Tay’s July 29, 2024 ruling exonerated Tobbin and his company.
The court’s findings include the determination that Tobinco did not import counterfeit drugs, the FDA’s misuse of authority, and a failure to register unexpired medicines.
Additionally, the court found that Dr Opuni had targeted Tobinco without justification and acknowledged that Tobbin and Mr Kamath were coerced into signing identical confession statements under duress.
The court also ruled that the FDA’s prohibition of Tobinco’s products and the ban on Bliss GVS Pharma’s exports lacked proper executive authorization, significantly damaging Tobinco’s business.
Dr Samuel Amo Tobin expressed relief and gratitude for the court’s affirmation of his innocence.
“It is a positive feeling and welcome news for a court of competent jurisdiction to affirm my innocence,” Tobbin said.
Tobinco Pharmaceuticals has reaffirmed its commitment to producing and marketing high-quality medical supplies and expressed appreciation to Ghanaians for their support throughout this challenging period.
