The Court of Appeal in Accra has ordered Ghana’s Food and Drugs Authority (FDA) to pay over GH¢30 million in damages to Tobinco Pharmaceuticals for the unlawful confiscation and destruction of the company's products.

The order of the Court of Appeal was based on a ruling on an appeal filed by the FDA for the court to quash a High Court judgement which initially ordered the payment of the damages.

According to a report by thelawplatform.online, the court, in a unanimous decision, upheld the decision of the High Court ordering the payment of damages and costs.

It held that the actions of the FDA, under the leadership of its former Chief Executive Officer (CEO), Dr Stephen Opuni, unlawfully detained Tobinco’s drugs, occasioned losses, and caused damage to the reputation and business of the company.

"The learned trial Judge, on a thorough assessment of the evidence on record and the law, correctly concluded that the appellant, acting through its former CEO, Dr Stephen Opuni, committed the tort of misfeasance in public office against the Respondent. We accordingly hold that:

i. The appeal is dismissed in its entirety.

ii. The judgment of the High Court dated November 17, 2024, including the awards of special damages of GH₵24,581,871.55, general damages of GH₵5,000,000.00, and costs of GH₵1,000,000.00 in favour of the Respondent, is hereby affirmed.

iii. Costs of GH₵50,000.00," parts of the court ruling were quoted by thelawplatform.online.

Background:

The High Court in Accra (General Jurisdiction), in 2024, ordered the Food and Drugs Authority to pay millions of Ghana cedis to Tobinco Pharmaceuticals Ltd for the unlawful destruction of unexpired drugs belonging to Tobinco.

In 2014, the FDA confiscated pharmaceutical products imported into Ghana by Tobinco for being unwholesome. In 2019, Tobinco sued the FDA and asked the court to award costs against the FDA and declare its actions unlawful.

The court presided over the case 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 lock-up 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."

The court further declared that the order by the FDA prohibiting the sale of Tobinco's products without obtaining an Executive Instrument from the Minister of Health was unlawful.

It also 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 Executive Instrument (E.I.) by the minister were unlawful.

The judge held that Tobinco did not import fake drugs into the Ghanaian market. She declared that the unlawful conduct of the FDA and its CEO caused substantial damage and loss to the business of Tobinco.

BAI

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