A 47-year-old herbalist, Abdallah Awal, has been convicted by the Circuit Court in Accra after he was found guilty of manufacturing unregistered and unapproved medicine to cure COVID-19.

He was fined 7,500 penalty units, which is equivalent to GH¢90,000.

The court said that should he default on the payment of the fine, he would serve a 15-year custodial sentence.

This was after the Court, presided over by Her Honour, Afia Owusua Appiah, held that the prosecution led by Chief Inspector Amoah Richard of the Legal and Prosecution Unit at the CID Headquarters was able to prove the guilt of Abdallah Awal, the first of the two persons arraigned.

He was found guilty of manufacturing herbal medicinal products without authority, manufacturing unregistered herbal medicinal products, attempting to sell unregistered herbal medicinal products, manufacturing herbal medicine in unregistered premises, and storage of herbal medicine in unregistered premises, contrary to Section 130(1) and 142 of the Public Health Act 2012, Act 851.

Meanwhile, Bin Musah Abdallah, 27, was said to be unemployed and the second accused was acquitted and discharged.

He was freed on two counts of abetment and an attempt to sell unregistered herbal medicinal products, contrary to Section 18(1) of Act 20/60 and Sections 118(1) and 129 of the Public Health Act 2012, Act 851.

Brief facts

Per the brief facts of the case as narrated by Chief Inspector Amoah Richard, the complainants are officials of the Food and Drug Administration (FDA).

According to him, Abdallah Awal, age 47 (1st accused), is a herbalist and resides at Kojo Ashong near Amasaman.

Bin Musah Abdallah, age 27, (2nd accused), is unemployed and resides in Akim Oda old town.

Chief Amoah told the Court that, on June 2, 2020, at about 02:40 p.m., joint police and officials of the FDA gathered that someone was manufacturing herbal medicinal products and selling them to an unsuspecting public as a cure for COVID-19 at Kojo Ashong near Amasaman.

He said the team proceeded to the area and arrested Awal and Bin Musah in a house with 181 bottles of herbal medicine in brown plastic bottles labelled ‘Dr. Abdallah herbal clinic COVID-CURE (1).’

Additionally, he said, 90 similar products labelled ‘Dr. Abdallah Herbal Clinic COVID-CURE (2),’ six small containers containing ointments labelled ‘Dr. Abdallah herbal original ointment,’ 82 bottles of unlabeled brown plastic bottles of concoction, 72 unlabeled plain plastic bottles, 67 brown empty bottles, 102 labels of ‘Dr. Abdallah Herbal Clinic COVID-CURE (1)’, and 41 plastic bottle covers were retrieved from the accused person's room.

Chief Inspector Amoah Richard told the Court that Awal, in his investigation caution statement, claimed ownership of all the exhibits and stated that Bin Musah was his errand boy who assisted him in advertising his product on social media, Facebook, and the market and also printed the product labels.

The Prosecutor said, during investigations, it was detected that ‘Al’ had not registered the products with the Food and Drugs Authority.

He said it was also revealed that the house that Awal used for the production had not been registered by the authority.

Bin Musah, in his investigation caution statement, admitted that he assisted Awal in printing the labels and also advertised the products on social media.

“After investigations, accused persons were charged with the offences and put before this Honourable Court as disclosed in the charge sheet,” he told the Court.