The Food and Drugs Authority (FDA) has announced its plans to appeal the GH¢93,905,760.79 judgment debt recently levied against it by an Accra High Court.

On July 29, 2024, the court ruled that the FDA must compensate Tobinco Pharmaceuticals Ltd. for the illegal destruction of unexpired drugs owned by the company.

In 2014, the FDA had seized pharmaceutical products imported by Tobinco to Ghana, claiming they were unfit for consumption.

Subsequently, in 2019, Tobinco filed a lawsuit against the FDA, seeking damages and challenging the legality of the FDA's actions.

The court, led by Justice Audrey Kocuvie-Tay, found that the FDA's destruction of Tobinco’s unexpired products was unlawful as it was carried out without a court order.

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 also ruled that the FDA's directive to halt the sale of Tobinco's products without an Executive Instrument from the Minister of Health was unlawful.

She further stated that the FDA's and its CEO's decision to bar Bliss GVS Pharma Limited from importing drugs into Ghana without the proper Executive Instrument (E.I.) from the minister was unlawful.

The judge concluded that Tobinco had not imported counterfeit drugs into the Ghanaian market.

In response, the FDA, through a statement from its Chief Executive Officer, Dr. Delese Darko, announced its intention to appeal the court's decision to 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 also dismissed allegations circulating publicly that its CEO was negligent in her duties, leading to the Authority's financial 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.