Court of Appeal Upholds Judgment Against FDA, Orders GH¢30 Million Compensation to Tobinco

The Court of Appeal has unanimously upheld a High Court decision ordering the Food and Drugs Authority (FDA) to pay damages and costs to Tobinco Pharmaceuticals over the unlawful detention of its drugs.

The ruling, delivered by Justice Yaw Barima Kodie Oppong on behalf of the court, confirmed that the FDA’s actions amounted to misfeasance in public office, resulting in significant financial and reputational losses for Tobinco.

The court found that the detention of Tobinco’s pharmaceutical products led to demurrage charges, expiry of goods, and substantial business losses. It also held that the company suffered reputational damage due to actions taken by the FDA and its then Chief Executive Officer, Dr. Stephen Opuni.

According to the judgment, the appeal by the FDA was dismissed in its entirety, and the High Court’s award was affirmed. The compensation includes GH¢24.58 million in special damages, GH¢5 million in general damages, and GH¢1 million in costs, along with additional costs imposed by the Court of Appeal.

The court further emphasised that public officers bear the responsibility of proving administrative fairness, reinforcing accountability in public office and protection against abuse of regulatory authority.