By Sainabou Sambou
The High Court in Banjul was charged with tension on Thursday as the Medicines Control Agency (MCA) Director, Ensa Marena, faced intense cross-examination in the Acute Kidney Injury (AKI) case before Justice Ebrima Jaiteh.
The case centers on contaminated syrups from India’s Maiden Pharmaceuticals, linked to the deaths of several children, exposing alleged failures in the country’s drug regulation system.
Representing the victims’ families, Lawyer L. Farage accused the MCA of failing to register all medicines entering The Gambia. Marena initially denied the claim, asserting that the agency diligently registers medicines. However, under pressure, he admitted that the four implicated syrups were only listed, not registered, as the MCA had only recently gained authority to both list and register drugs.
The courtroom grew heated when Farage charged that the MCA merely reviews importers’ documents without verifying the medicines themselves. Visibly agitated, Marena snapped, “I’m not here for chitchat,” dismissing the lawyer’s statement as unclear.
State lawyer M. Mballow intervened, urging Farage to refrain from arguing with the witness. Undeterred, Farage pressed on, asserting that the contaminated syrups caused the deaths of all the children named in the case. Marena countered, denying that the syrups were responsible for every death.
Justice Jaiteh stepped in, directing Marena to answer questions directly and maintain decorum.
Marena revealed that drug registration does not require an expert; any company representative can register medicines. He also disclosed that the Ministry of Health flagged concerns about the syrups in June 2022, but the MCA was not informed until September. Upon confirming the dangers of the drugs, Marena said the MCA collaborated with Atlantic Pharmaceutical Company to launch a nationwide recall of the syrups. He described AKI as a global health issue, not unique to The Gambia.
Farage challenged this narrative, alleging that even after the recall, Edward Francis Small Teaching Hospital continued administering the contaminated syrups, leading to further deaths.
Marena vehemently denied this, calling the accusation “untrue and unfounded.” Farage presented documents, including Exhibit D9, to substantiate her claims, but Marena refused to acknowledge their connection to the recalled syrups, insisting, “We successfully completed a recall on the four syrups. It was an active recall. We even made an order.”
The emotionally charged session underscored the families’ quest for accountability and the MCA’s defense of its oversight processes. The case has drawn significant public attention, raising questions about the robustness of The Gambia’s drug regulation system and the tragic consequences of its lapses.
The court adjourned the proceedings to October 3, 2025, scheduling a full day from 10 a.m. to 4 p.m. for continued cross-examination. As the case progresses, it remains a poignant reminder of the stakes involved in ensuring the safety of medical products, with the victims’ families and the public awaiting justice.
