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COVIDEX: Lawyer sues Prof Ogwang, wants cash from sales surrendered to gov’t

Covidex drug is at the center of controversy.

Kampala, Uganda | THE INDEPENDENT | Lawyer George William Alenyo has sued Professor Patrick Ogwang, the inventor of Covid-19 treatment supplementary drug known as Covidex. He is seeking orders that Prof Ogwang is not the lawful proprietor of Covidex and therefore remit monies collected to the consolidated fund.

Alenyo is joined in the suit by Christian Chamber of Commerce, Agriculture, Industry, Trade and Tourism which seeks to fight criminality, corruption and to promote access to companies data worldwide so as to enable people to know who they are working with or working for.

They have sued Prof Ogwang alongside twelve statutory bodies before the High Court Civil Division in Kampala, for alleged failure to perform their statutory duties such as failure to do due diligence to establish the true ownership of Covidex drug, failure to collect tax and remit it to government coffers, failure to obtain environmental impact assessment of the impact of the ongoing extraction or exploitation of millions of the tree species expected to be used to make millions of vials of Covidex among others.

Those being sued together with Professor Ogwang are: National Drug Authority-NDA, Uganda National Bureau of Standards, National Environment Management Authority, National Forestry Authority, Mbarara University of Science and Technology, Uganda Registration and Services Bureau, Pharmaceutical Society of Uganda, Jena Herbals Uganda Limited, Uganda Revenue Authority, Natural Chemotherapeutics Research Institute, Uganda Wildlife Authority and the Attorney General.

The petitioners fault the Attorney General for representative action for the acts and omissions of government officials, public officials and civil servants in various offices for failing to ensure that Covidex funds and revenue are placed in the consolidated fund.

The Covidex drug hit the market about a month ago with claims that it heals the novel coronavirus. It was later approved by the NDA last week as supportive treatment in management of viral infections and since then the prices for each 20ml bottle ranges between 6,000 and 100,000 Shillings depending on where you buy it due to increased demand.

But according to the evidence before court, the petitioners argue that in 1986, the ruling government came to power and launched a ten-point program to lead the people of Uganda, and number six was provided for creating a vibrant health sector.

The evidence submitted adds that from 1986 to 2006, Uganda was a non-party state and all the National Resistance Movement programmes in Uganda were funded from the consolidated fund.

It adds that in 1989, the government and the Republic of Cuba under the late Fidel Castro signed a Solidarity Agreement to benefit the people of Uganda and established Mbarara University of Science and Technology in Uganda .

“In 2001, the government of Uganda with a World Bank facilitation established the Pharma Bio Technology and Traditional Management Centre, one of the Eastern and Southern Africa Higher Education Centre of Excellence, promoting herbal and natural products in Africa”, the suit continues.

It also indicates that in June 2021, Ogwang, a public servant who draws his salary from the consolidated fund at MUST and the Pharma Bio Centre applied for his personal name and obtained clearance from the NDA to sell and personally collect revenue from a drug called Covidex, developed at the government of Uganda facilities and laboratories and with staff of MUST and Pharma Bio Centre.

“The plaintiffs aver that actions of the 1st defendant (Ogwang) to attempt to own another’s (GoU’s) patent on Covidex in trust for The People of Uganda, is unlawful and the 1st defendant ought to be condemned to general damages and a permanent injunction to be issued against him to claim Covidex patent,” reads the petitioners’ document in part.

According to the petitioners through their lawyers of Katongole and Company Advocates, the government departments especially the Auditor General’s department failed to audit government funding to Covidex and other viral research, and also failed to institute an accounting system to collect and receive Covidex revenue.

The suit accuses “the Attorney General for abdicating his role to ensure a constitutionally enacted legal framework for government’s share in Covidex proceeds,” and “the Public Service Commission in failing to regulate civil servants abusing their offices, government protocols and facilities for their personal benefit.”

The petitioners now want a declaration that the Covidex drug is a proprietary patent for the government of Uganda, having been developed on government funds, premises, laboratories and by government public servants paid salaries from the consolidated fund.

They also want court to order the Uganda Revenue Authority to revert all tax issues related to Covidex drugs to the government of Uganda under the Public Finance Act and close all taxation and revenue accounts in the names of Ogwang and his company Jena Herbals Uganda Limited.

All the 13 respondents have already been summoned by the Civil Division Registrar Jamson Karemani to file their defense within 15 days.

He has also allocated the file to the head of Civil Division Justice Musa Ssekaana who is yet to fix it for hearing.

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URN

11 comments

  1. Kalani Jonathan

    The enemies of Uganda are very many. These are worse than wizards!

  2. I told u. This covidex would generate into a circus! We shall soon be a banana republic!

    Watch this space!

  3. Is that lawyer a Pan Africanist or a Ugandan patriot.Where was he he when this poor Ugandan was struggling.Surely you are a worthless lawyer seeking for attention

  4. I don’t know who bewitch African monkeys coz dey best in fight their initiative and dey claim to be mentally upset

  5. Please Ugandans..Protest this stupidity people are dying..instead of this long of how to make the drug reach the public mpu environment.stupid lawyer..Which ethics guide you?Go be innovative and stop being a foolish Ugandan who wants to see Ugandans die.Money may be the case…but can’t you find away of seeing that lives are saved.than brining people who have put in thwir education to save lives than you stupid non innovative fool who went to school for nothing but empty head of porridge.Stop stupid Jealous..He discovered a drug that saves lives..one tree cannot hurt the world if lives are saved..STOP THIS.i wish God sees that wicked heart of yours and shut you down.

  6. The truth be told Uganda is full of fools! Why are the above dim-wits attacking the lawyer for taking up a case that clients instituted?

    Two, facts are facts, let the case go to court and be judged on its merits, that is the civilized way!

    Third, Prof. Ogwang is not being stopped from producing, let him keep churning out the very helpful drug, even if he lost the case on patent proprietary basis, he would be entitled to recoup his personal money and effort expended in production.

    Otherwise, let us stop the Shenzi behavior of attacking first and investigating afterwards.

  7. It’s so regrettable that the few who have attempted to show humanity in the ongoing situation have faced such ridiculous objections. My best piece of advice to the defendants in the instant case would be to go by the Laws of Uganda that permit them to have a right to a fair hearing enshrined under Art 28 of the Constitution of the Republic of Uganda.
    They, can again employ defence Lawyers who can argue out their case until they receive justice.
    Otherwise the rate at which circusm is increasing in Uganda is proving, the country, as a Monarch.

  8. the lawyer is a misguided angel

  9. I should be happy to be on the road, and not the rail, coz of the relative liberty the former offers.
    Thus saying, under critical circumstances, the road is more preferrable than the railway, coz it allows for diverse options in favor of humanity.
    Essentially, where life and law are in contention, a genuine lawyer would prefer that humanity prevails over procedure!! Coz right now no patient has swallowed “Law” to gain relief from the gruesome effects of covid-19. They have drunk the herb. Why must the potential solution to a global threat be subjected to unnecessary attacks by other potential problems???

  10. Every country is struggling to find own solution .Then we have jealousy, greedy people fighting our own cause, is absurd to say the least
    Issues raised are administrative and so do not warrant a court move. Shame on you plaintiff lawyers. A better job for you to do is to ask why Ugandans are being vaccinated after waiving their rights to life by signing legally binding documents before taking jabs. Why sign off if vaccines are safe? It is simple, every form of treatment against COVID is an emergency measure .,so COVIDEX is no exception.
    Importantly our scientist are doing what is best in the circumstance- finding a cheap treatment where even WHO is hell bent on vaccine as opposed to what will save humanity in a short run. If you like sue WHO for emphasising vaccines as oposed to finding treatment
    Vaccines are long term research. But people need treatment now or die in days! Plaintiffs , just join our research team and work out how best Uganda becomes producer of COVID and other viral disease treatment.Stop derailing noble cause by asking for taxes , ownership etc at this point.First let’s invest in saving tax payers lives so we shall be able to pay more taxesWhen people are dead who will pay the taxes you are looking at now?

  11. This case needs the plaintiff to show cause of action
    What interests do you have in the case

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