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"The evidence establishes clearly that the appellant's former CEO, Dr Opuni, exercised his powers not in an honest attempt to fulfill the appellant's statutory functions, but deliberately, with knowledge that his conduct was an abuse of his office, and with the intent to injure the Respondent's business. The following facts, cumulatively and individually, demonstrate this;
i. The public declaration that the Respondent's drugs were "fake" and that they may have "killed children", without any scientific analysis and without any basis for the child deaths allegation;
j. The arrest of the Respondent's CEO and the CEO of Bliss GVS and their detention at the BNI, followed by coercion to sign declarations attesting that their medicines were fake, declarations that were then circulated to all media houses;
k. The sweeping lockup of warehouses and detention of containers without notice and without distinguishing between compliant and non-compliant goods;
l. The retroactive application of the Bliss GVS ban to goods already lawfully imported;
m. The unexplained refusal to process re-registration applications, without communicating reasons as required by law;
n. The direct personal threat by Dr Opuni to collapse the Respondent's business (uncontradicted testimony by PW2); and
o. The subsequent registration of the very same products previously labelled "fake" once Dr Opuni left office, a fact that speaks to the conclusion that the initial regulatory stance was personal rather than principled."
The above is the verdict of the Court of Appeal on the conduct of the former helmsman of the Food and Drugs Authority (FDA), Dr. Stephen Opuni in name of regulating the importation of malaria drugs by the Respondent in the case of TOBINCO PHARMACEUTICALS LTD v. FOOD AND DRUGS AUTHORITY [TLP-CA-2026-20].
The decision in the above mentioned case is an appeal lodged by FDA against the decision of the High Court awarding in excess of 30 million cedis in damages and costs against FDA in favour of Tobinco Pharmaceuticals. Per the facts of the case, FDA, then headed by Dr. Stephen Opuni seized
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The decision pinned the conduct of FDA on the personal decisions of its former Chief Executive, Dr. Stephen Opuni who per evidence before the court, swore to destroy the business of the Pharma Giant, Tobinco Pharmaceuticals, same way he destroyed that of another pharmaceutical distributor, "Semanhyia".
Per page 76 of the reported decision, "the undisputed testimony of the Respondent's second witness (PW2), which was not challenged under cross-examination, was that Dr Opuni had expressly threatened to destroy the Respondent's business in the same way he had previously destroyed "Semanhyia," another pharmaceutical distributor. This uncontradicted evidence of targeted personal malice is compelling corroboration of the trial court's finding."
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