By Sainabou Sambou
A former female genital mutilation (FGM) circumciser with more than 15 years’ experience testified today before a five-member panel of the Supreme Court, offering rare firsthand insight into the practice at the heart of a high-stakes constitutional challenge to the country’s 2015 ban.
The case, heard before Chief Justice Hassan B. Jallow and four other justices, pits a group of plaintiffs—led by Imam Abdoulie Fatty and Almami Gibba—against the State in a bid to declare the ban unconstitutional. The plaintiffs argue that the prohibition violates religious and cultural freedoms protected under the Gambian Constitution. Representing the plaintiffs are Counsels J. Darboe and Babucarr Batch. J.O. Okete and M. Chorr defend the State, while the Female Lawyers Association (Y. Senghore), the National Assembly (L.K. Mboge), and the National Human Rights Commission (B. Jaiteh) appear as interested parties.
Mariama Njie, a housewife from Fagikunda, took the witness stand and spoke candidly about her personal and professional involvement in FGM. Njie, who underwent the procedure herself as a child, said she inherited the practice from her grandmother and mother and performed it for approximately 15 years until the ban took effect during the administration of former President Yahya Jammeh.
Counsel J. Darboe, leading the plaintiffs’ case, asked Njie why she was in court. “I know why I am here,” she replied. “I have knowledge of FGM because I practiced it for many years.” She told the court she stopped only after the law made it illegal.
Njie testified that she had never experienced health complications from her own circumcision and had given birth to seven children without difficulties during delivery, which she attributed to the procedure. She described FGM as a family tradition with religious and cultural significance, insisting it formed part of Islamic teaching and moral upbringing.
Describing the procedure, Njie said she used a razor blade—one for each child—cutting “a small part of the clitoris” with minimal bleeding. Children, she said, recovered quickly and often resumed normal activities the same day. The practice was followed by moral and social training, teaching girls discipline and respect for elders. She insisted she had never personally witnessed deaths or serious complications during her years of practice.
Under cross-examination by State Counsel J.O. Okete, Njie acknowledged that injuries could occur “since something is being removed from the body.” She admitted hearing recently about a child who died from FGM, but maintained she had never seen such a case herself. She said she sterilized blades by boiling, though she could not vouch for other practitioners. When asked whether she believed the State had the right to protect children, she replied that she did, but added she did not know why the practice was banned.
Counsel Y. Senghore of the Female Lawyers Association questioned Njie about the cultural context. Njie confirmed that girls were often circumcised at birth or in early childhood, as cultural norms did not allow them to grow up without the procedure. She said she was familiar only with one type of FGM—described as the removal of a small part of the clitoris—and that she sometimes circumcised 30 to 40 girls in a single day. Gloves were not commonly used in the past, she said; plastic bags were sometimes used instead, though gloves are now available.
Counsel L.K. Mboge of the National Assembly asked whether she was aware of the law. Njie confirmed she knew the issue had been debated in parliament and that she lived in Fagikunda, originally from Jarra Jeffeh. She said she was not aware of negative health effects on children and acknowledged that girls did not give consent before undergoing the procedure. When asked how many children she had circumcised, she replied that she kept no records and could not provide an estimate.
Njie concluded her testimony by reiterating her belief that FGM is a legitimate religious and cultural practice that does not harm children. She said the sudden ban surprised her community and prompted them to seek legal redress.
The Supreme Court adjourned the hearing until January to continue the evidence and further arguments.
The case has drawn intense national and international attention as The Gambia remains one of the few African countries where FGM is still widely practiced despite the legal prohibition. Today’s testimony is expected to play a prominent role in the final determination of whether the 2015 ban infringes constitutional rights or serves a legitimate public interest in child protection.
