By Mariama Marong
During a tense cross-examination on July 3, 2025, Acting Director of the Medicines Control Agency (MCA), Ensa Marena, admitted before the Banjul High Court that several drugs linked to the deaths of children were not registered by his agency. The testimony came in the ongoing Acute Kidney Injury (AKI) case presided over by Judge Ebrima Jaiteh.
Plaintiffs’ counsel Luna Farage pressed the MCA chief on the agency’s oversight, alleging that it failed to register all medicines circulating in the country. Initially disputing the claim, Marena later conceded that four contaminated cough syrups produced by Maiden Pharmaceutical Company—promethazine oral solution, Kofexmalin Baby cough syrup, Makeup Baby cough syrup, and Magrip N. Cold Syrup—were neither registered nor properly vetted by the MCA.
Marena explained that the agency only recently acquired the power to list and register medicines, which led to these products being “listed” but not officially registered.
The cross-examination became strained when counsel Farage accused the MCA of relying solely on documents provided by importers without thorough verification. Marena rebuffed the accusation, refusing to engage in what he called “chitchat” and prompting a sharp rebuke from State Counsel Mballow, who urged Farage to moderate her tone.
Farage persisted, asserting that all children who died did so due to contaminated medicines. Marena maintained his position that not all fatalities were attributable to the drugs, though the court pressed him to answer further.
When questioned about the drug registration process, Marena revealed that companies assign personnel—who may not necessarily be experts—to handle registration, underscoring systemic weaknesses. He noted that the Ministry of Health suspected contamination as early as June 2022, but the MCA was only officially informed in September 2022.
The director described Acute Kidney Injury as a global health challenge affecting many countries, including The Gambia.
Following the discovery of contamination, the MCA, together with Atlantic Pharmaceutical Company, conducted an active recall of the four syrups. However, plaintiffs’ counsel presented evidence alleging that Edward Francis Small Teaching Hospital continued prescribing these medications after the recall, resulting in further child fatalities, claims Marena vehemently denied as unfounded.
Despite the submission of Exhibit D9 and related documents by the plaintiffs, Marena refused to link them to the contaminated drugs, insisting that the recall was comprehensive and effective.
The hearing was adjourned to October 3, 2025, for the continuation of cross-examination.
