Tensions ran high in the Supreme Court of The Gambia on Thursday as the landmark Female Circumcision Case entered another pivotal day of hearings. The State pressed forward with its defense of the controversial law, calling two fresh witnesses to bolster the Attorney General’s position, while plaintiffs’ counsel successfully blocked key documentary evidence, forcing the court to reject a major survey on health risks.
The proceedings opened with Neneh Touray, an official from the Ministry of Gender, Children and Social Welfare, taking the stand as the State’s second witness. Ms. Touray formally adopted her written witness statement before the full bench. However, drama quickly unfolded when State Counsel attempted to tender the Ministry’s official position paper.
Counsel for the Plaintiffs, Baboucarr Badjie, swiftly objected, arguing the document amounted to inadmissible secondary evidence. The court upheld the objection, and the position paper was withdrawn without being admitted.
The State then called its third witness, Dr. Mustapha Bittaye, Chief Medical Director of the Edward Francis Small Teaching Hospital. Dr. Bittaye’s testimony focused on medical perspectives surrounding female genital mutilation (FGM). In a key moment of the hearing, the State sought to introduce an extract of survey findings from a joint survey conducted by the Gambia Bureau of Statistics (GBoS) and partners, including the Ministry of Health. The document reportedly highlighted multiple health complications linked to FGM.
Baboucarr Badjie immediately rose in objection, contending that the survey extract constituted secondary evidence and failed to meet the strict requirements of Sections 101 and 115 of the Evidence Act, 1994.
After careful consideration, the Supreme Court upheld the objection and rejected the survey extract, denying the State an important piece of statistical evidence.
With the examination-in-chief of Dr. Bittaye now complete, Chief Justice and the panel adjourned the high-stakes matter to Tuesday, 14 July 2026, at 10:00 a.m. Cross-examination of the medical expert by the Plaintiffs’ legal team is scheduled to begin on that date.
The case, which has captured national attention, continues to test the boundaries of evidence rules, medical testimony, and deeply held cultural positions in The Gambia. Legal observers expect further fireworks as cross-examination gets underway next week.
