By Sainabou Sambou
Justice Ebrima Jaiteh of the High Court in Banjul on Thursday granted the Ministry of Health, the Medicines Control Agency (MCA), and the Attorney General leave to call an additional witness in the high-profile civil suits filed by parents whose children died or were injured during the 2022 Acute Kidney Injury (AKI) outbreak linked to contaminated syrups.
The consolidated cases involve 27 plaintiffs – parents of affected children – suing Maiden Pharmaceuticals Ltd (the Indian manufacturer), Atlantic Pharmaceuticals (the local importer), the MCA, the Ministry of Health, and the Attorney General. The families are seeking declarations that regulatory bodies failed in their duty to ensure the safety and quality of medicines imported into The Gambia.
During Thursday’s session, counsel for the 3rd, 4th, and 5th defendants, J.O. Okete, moved an application filed on 18 November seeking permission to file and rely on a written witness statement from Dr. Mustapha Bittaye, former Director of Health Services at the time of the outbreak and currently the Chief Medical Director.
The application was supported by a nine-paragraph affidavit from Kaddijatou Bah of the Attorney General’s Chambers, which stated that during cross-examination of a previous defence witness, the plaintiffs themselves had suggested that certain technical questions could only be answered by a senior Ministry of Health official. The affidavit emphasised that Dr. Bittaye possesses direct and relevant knowledge of the events surrounding the AKI crisis.
Plaintiffs’ counsel, Y. Senghore, opposed the motion, arguing that it was brought too late and that the defendants had not provided “cogent and compelling reasons” as required by the rules.
Justice Jaiteh, however, ruled that the absence of a counter-affidavit meant the facts in the defendants’ affidavit stood unchallenged. Citing Order 23 Rule 14(8) of the High Court (Amendment) Rules 2013, he held that cogent and sufficient reasons had been established, particularly given Dr. Bittaye’s unique position and the plaintiffs’ own earlier suggestion that Ministry expertise was needed.
“No prejudice will be caused to the plaintiffs, who will have full opportunity to cross-examine the witness,” the judge noted, adding that the overriding objective of the rules is to assist the court in discovering the truth and delivering substantial justice.
Justice Jaiteh accordingly granted leave for the additional witness, deemed Dr. Bittaye’s statement dated 3 November 2025 properly filed and served, and adjourned the matter to 9 December 2025 at 12:00 noon for continuation.
The lawsuits, first filed in June 2023 on behalf of families of 19 deceased children, remain one of the most significant medicolegal actions in Gambian history.
