A 47-year-old herbalist, Abdallah Awal, has been convicted by the Circuit Court in Accra after he was found guilty of manufacturing unregistered and unapproved medicine to cure COVID-19.

He was subsequently sentenced to a fine of 7500 penalty units, which is equivalent to GH₵90, 000.

The Court said, should he default with the payment of the fine, he will serve a 15-year custodial sentence.

This was after the court, presided over by Her Honour Mrs Afia Owusua Appiah held that the prosecution led by Chief Inspector Amoah Richard of the Legal and Prosecution Unit at the CID Headquarters was able to prove the guilt of Abdellah Awal, the first of the two persons arraigned.

He was found guilty of manufacturing herbal medicinal products without authority, manufacturing unregistered herbal medicinal products, attempting to sell unregistered herbal medicinal products, manufacturing herbal medicine in unregistered premises, and storage of herbal medicine in unregistered premises, contrary to Sections 130(1) and 142 of the Public Health Act 2012, Act 851.

Meanwhile, Bin Musah Abdallah, 27, said to be unemployed and the second accused, was acquitted and discharged.

He was freed on two counts of abetment and attempt to sell unregistered herbal medicinal products, contrary to sections 18(1) of Act 20/60 and 118(1) and 129 of the Public Health Act 2012, Act 851).

Brief facts

Per the brief facts of the case as narrated by Chief Inspector Amoah Richard, the complainants are officials of Food and Drugs Authority (FDA).

According to him, Abdallah Awal age 47 (1st accused), is a herbalist and resides at Kojo Ashong near Amasaman.

While Bin Musah Abdallah, age 27, (2nd accused), is unemployed and resides in Akim Oda old town.

Chief Amoah told the court that, on June 2, 2020, about 02:40pm, a joint police and officials of FDA acted on intelligence gathered that someone was manufacturing herbal medicinal products and selling them to the unsuspecting public as a cure for COVID-19 at Kojo Ashong near Amasaman.

He said the team proceeded to the area and arrested Awal and Bin Musah in a house with 181 bottles of herbal medicine in brown plastic bottles labeled ‘Dr. Abdallah herbal clinic COVID-CURE (1).’

Additionally, he said, 90 similar products labeled ‘Dr. Abdalah Herbal Clinic COVID-CURE (2),’ six small container containing ointments labeled ‘Dr Abdallah herbal original ointment,’ 82 bottles of unlabeled brown plastic bottles of concoction, 72 unlabeled plain plastic bottles, 67 brown empty bottles, 102 labels of ‘Dr. Abdalah Herbal Clinic COVID-CURE (1)’, and 41 plastic bottle covers were retrieved from accused person's room.

Chief Inspector Amoah Richard told the court that, Awal in his investigation caution statement, claimed ownership of all the exhibits and stated that Bin Musah is his errand boy who assisted him to advertise his product on social media, Facebook, market and also printed the products labels.

The prosecutor said, during investigations, it was detected that ‘Al’ has not registered the products with the Food and Drugs Authority.

He said, it was also revealed that the house, that Awal used for the production has not been registered by the authority.

While Bin Musah, in his investigation caution statement, admitted that he assisted Awal to print the labels and also advertised the products on social media.

“After investigations, accused persons were charged with the offences and put before this Honourable Court as disclosed in the charge sheet,” he told the Court.