By Mariama Marong
In a rare rebuke from the bench, Justice Ebrima Jaiteh of the Banjul High Court on Wednesday, June 25, 2025, ordered the Medicine Control Agency (MCA) to pay D2,500 each to all plaintiffs present in court, after the agency caused what the judge described as an avoidable and unfair delay in proceedings in the ongoing Acute Kidney Injury (AKI) civil case.
The court was set to proceed with the testimony of the third defence witness, a representative of the MCA, which is the third defendant in a high-profile case involving the deaths of scores of Gambian children linked to contaminated cough syrups in 2022. However, when the matter was called, Counsel M.D. Mballow, appearing for the Medical Control Agency, the Ministry of Health and the Attorney General, told the court that the MCA’s witness was unprepared and requested a further adjournment.
Counsel Mballow also sought the court’s permission to recall Mr. Ali Schuman, the Director of the Atlantic Pharmaceutical Company Limited (2nd defendant), for additional cross-examination, citing that certain key issues were not addressed during his earlier appearance.
While opposing counsels did not object to the recall of Mr. Schuman, they strongly objected to the adjournment, emphasising that the MCA witness-the one due to testify—was physically present in court and had no compelling reason not to take the stand.
Counsel L. Farage, representing the plaintiffs, expressed frustration over what she described as a deliberate waste of the plaintiffs’ time, many of whom are grieving parents who travel to court at personal cost.
“It is wrong for the State counsel to delay court time while his witness is already in court and simply says he is unprepared,” Farage said, arguing that the families of the deceased children deserve more respect from the defendants and the court system.
Justice Jaiteh firmly agreed, stating:
“I am not prepared today to adjourn this case without progress. Plaintiffs’ families’ time cannot be wasted.”
He dismissed the suggestion from the defence counsel that the presence of the plaintiffs in court was unnecessary.
Counsel Farage fired back: “Their presence is not only necessary — it is significant. These are grieving families seeking justice for their children. They are not here to be disrespected.”
In an open courtroom that had become increasingly tense, Justice Jaiteh noted that the families attending the hearing include working parents, traders, and homemakers, many of whom arrange their schedules to attend the proceedings.
“It is not fair on the side of the plaintiffs’ families for State counsel to delay proceedings,” the judge stated. “Some of the plaintiffs have work to do, others are businesspeople, housewives — wasting their time cannot be accepted.”
Counsel Farage formally applied for the court to award costs to the plaintiffs for the wasted session. Mballow objected, apologised for the delay, and pleaded with the court to exercise leniency. But Farage pressed on, saying:
“It’s not about apologies. It’s about accountability. The Medicine Control Agency is clearly responsible for this delay.”
In delivering his ruling, Justice Jaiteh held that the MCA was directly responsible for the day’s disruption. He ordered that the agency pay D2,500 to each plaintiff present in court, describing the amount as a modest but necessary sanction to deter future delays.
“The plaintiffs—many of whom are parents of deceased children—have consistently appeared in court at their own cost and inconvenience,” Jaiteh ruled. “This Court will not allow avoidable delays to further prejudice their right to timely justice.”
The judge further ordered that a copy of the ruling be served personally to the Acting Executive Director of the Medicine Control Agency at its OIC Highway office in Kanifing Municipality, for immediate compliance.
The case has been adjourned to Wednesday, June 25, 2025, at 12:30 p.m., for continuation of hearing — with the court making it clear that no further delays will be tolerated.
The AKI case continues to be one of the most closely watched legal proceedings in the country, as it seeks to determine responsibility for the importation, approval, and distribution of contaminated medicines that led to the deaths of at least 70 children in The Gambia — a tragedy that triggered both national mourning and global outrage.
