The Court of Appeal in unanimity has upheld the decision of the High Court ordering the payment of damages and costs by the Food and Drugs Authority (FDA) to TOBINCO Pharmaceutical for demurrage owing to the unlawful detention of the drugs of Tobinco and losses occasioned to damage of the reputation and business of Tobinco.

In what may pass as one of his magna opera in his time on the Court of Appeal Bench, H/L Justice Yaw Barima Kodie Oppong speaking on behalf of the Court produces an authoritative piece and Ghanaian judicial material on the tort of misfeasance in public office.

In a comprehensive dissection of the issues brought by the Appellant-pharma industry regulator, FDA, the Court affirmed the decision of the High Court and the reliefs granted to Tobinco by the Court for the conduct of the FDA and its then Chief Executive Officer, Dr Stephen Opuni.

In an expression condemning the former Chief Executive Officer, Dr Stephen Opuni, and applauding his successor, Mr. Hudu Mogtari, the Court signaled its readiness to check the use and abuse of public office and come to the aid of victims of such abusive conduct by occupiers of public offices.

STAR OF THE MONTH - Professor Philip Ebow Bondzi-Simpson ESQ.

Upon the consideration of the case of Appellant and an analysis of the jurisprudence of misfeasance in public office, the Court held that the failure of Tobinco Pharmaceutical to comply with drug registration requirements which the Respondent had suffered punishment for, did not authorise the FDA to "act outside its own statutory mandate, to fabricate allegations of child deaths, to coerce confessions under detention, and/or seek to take benefits arising from such acts of illegality, or to act with personal malice among other acts of abuse of power."

In the refreshing decision of the Court reported on The Law Platform Library as TOBINCO PHARMACEUTICALS LTD v. FOOD AND DRUGS AUTHORITY [TLP-CA-2026-20], the Court formed the opinion that the onus of proof of administrative fairness falls on the public officer and not a victim of breaches of administrative fairness rights.

In the erudite voice of Barima Oppong J.A with reliance on the case of THERESA TWENEBOA v. GHANA GRID COMPANY [TLP-CA-2026-10], the Court expressed itself on the onus of proof on administrative justice as follows: "