By Acen Tracy Oiko and Leonard Kamugisha Akida, Kampala
The High Court has set December 6th as the date for hearing the case in which Advocates For People – AFP is seeking to have National Drug Authority (NDA) and Jena Herbal Uganda Limited, the manufacturers of COVIDEX blocked from selling and distribution of the recently approved—by the NDA— COVID-19 supportive drug treatment.
It should be recalled that AFP and Musa Muhammad petitioned court to declare that the right to patent of the drug belongs to Mbarara University of Science and Technology (MUST) and not Jena Herbals Uganda Ltd.
Last year in July, a lawyer dragged Prof. Patrick Ogwang to court, claiming that he is not the lawful proprietor or intellectual property holder of the drug .
Prof. Patrick.E.Ogwang
According to records at the court, the procedures followed by NDA to approve COVIDEX as supportive drug in management of viral infections like COVID-19 is illegal and prejudicial to the public and taxpayers.
Records further indicate that it was not right for NDA to authorise Jena Herbals to produce, distribute and sell the drug since it is not the rightful owner or holder of the patent.
In another affidavit sworn in by Moses Kasibante, the director and secretary general at AFP, he alleges that on June 14th, MUST Vice-Chancellor Prof. Celestino Obua, issued a statement declaring the university as the rightful owner of the COVIDEX drug.
Kasibante however says that days later he was shocked to read another statement by Jena Herbals claiming the same and warning to continue producing, selling and distributing the drug.
His worries continued to grow after on the 29th of June 2021, he saw the NDA Executive Director, David Nahamya approving COVIDEX drug on a local television notice of which was shared on the authority’s website.
The approval meant that the respondent (Jena Herbals) had been authorised to continue the production, sale and distribution which the company is not the rightful patent owner of the drug.
During the approval, the self proclaimed proprietor of COVIDEX, Prof. Patrick Ogwang said he will continue selling the drug through the company’s agents.
This, according to the petitioner is cheating the public who are being double charged extra money for the medicine contrary to the intervention of the university and government.
They now want court to nullify the decision by NDA granting Jena Herbals Uganda Limited permission to produce, sale and distribute COVIDEX drug as communicated to the public in a statement on the 29th of June, 2021.
December 6 has since been set and High Court Judge, Justice Musa Ssekaana will preside over the case.
