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General News on Tuesday, April 9, 2019
Source: ghananewsagency.org
2019-04-09
Delese Mimi Darko with his lawyer
The court of the Economic and Economic Crimes Chamber of the High Court of Accra on Monday dismissed a contempt appeal filed by the Cosmetic Association of Ghana (CAG) against the Food and Drugs Authority.
As a result, it awarded GHG 2,000.00 to GAC in favor of the FDA. The Court, chaired by Judge Afia Serwaa Asare-Botchwe, said the FDA should not be prevented from meeting its statutory obligation.
The court said his hands should not be tied by an injunction.
The Applicant, CAG, had asked the Court to sentence the FDA and its officials for disregarding its January publication on cosmetic products containing mercury, steroids and hydroquinone, which had been scientifically considered debilitating and detrimental to public health.
The court said the FDA had acted properly by informing the general public of a detrimental product, adding that it was its duty to educate the public about damaging products such as rotted sardines.
Ms. Cynthia Dapaah, counsel for the FDA, argued that the contempt of court would not be enforceable against a public body as part of its legal obligations.
Therefore, a claim of contempt by the FDA would not be appropriate, particularly where the GIC's claim was based on an outstanding injunction arising from a writ of summons and a declaration, as well as a jurisdiction of the Court.
He added that the pending application for an injunction against an agency created by statute to perform a particular function should not be invoked to prevent it from performing that task.
The court questioned the reasons why the plaintiff had not moved his injunction application filed more than 15 months ago.
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