Court sets October 30 to deliver judgment on sale of fake diabetes drugs case

The Accra Circuit Court 10 in the Commercial Court building has scheduled the delivery of its judgment for October 30, 2023, in a case involving two individuals accused of the unauthorized sale and distribution of unregistered diabetes drugs, a violation of Section 118(1) of the Public Health Act 2012 (Acts 851).

The court had initially informed the complainant, Mr. Elizabeth Esi Denyo, who also serves as the President of the Ghana Diabetes Association, that judgment would be passed on October 19.

However, upon appearing in court on that date, the complainant was informed that the accused persons were absent.

The case stems from an incident in November 26, 2021, when one Mary Alemina, a businesswoman, and George Asante, a marketer, were arrested in Adentan, in the Greater Accra Region, for the unauthorized sale and unregistered distribution of drugs claimed to cure diabetes.

The accused individuals faced a total of 12 charges, ranging from conspiracy to commit unauthorized sales and distribution of unregistered drugs, in contravention of Section 23(1) of the Criminal Offences Act 1960, Act 19, to the most recent charge of unauthorized sale and distribution of unregistered drugs, as per Section 118(1) of the Public Health Act 2012, Acts 851.

The case's facts, presented by Chief Prosecuting Lawyer (CPL) George Aboraa, state that Mrs. Elizabeth Esi Denyo, the President of the Ghana Diabetes Association (complainant), accused Mary Alemina and George Asante of selling unauthorized and distributing unregistered diabetes drugs.

CPL Aboraa explained that on November 26, the complainant reported the matter to the police, stating that she had received calls on the Association's official cell phone number from individuals requesting a diabetes drug known as "INSUMED," which she knew had not been registered by the Food and Drug Authority (FDA).

Mrs. Denyo further informed the police that she had ordered some of the drugs online, and someone had been dispatched to deliver them to her at the Korle-Bu Teaching Hospital.

Subsequently, the police set up an ambush and arrested the dispatch rider, who was carrying some drugs, including the purported "Insumed" diabetes drug.

The dispatch rider led a team of police investigators and FDA personnel to the office of the accused individuals, where they were found processing some of the drugs for sale and distribution at Ritz junction near, Adenta. The accused persons were interrogated and admitted to being the distributors of the drugs.

However, they could not produce certificates or any documents to prove the drugs' registration.

As a result, the FDA took custody of the drugs as exhibits and locked the office.

A formal letter was then sent by the police to the FDA, requesting the registration status of the exhibited drugs, which revealed that the drugs were not registered with the FDA.

Following their interrogation and investigation, the two accused persons confessed to the offenses in their statements and were subsequently charged and brought before the court.

In court on October 19, the presiding judge adjourned the ruling to October 30 at 12 noon.