AKI Lawsuit: Defence Lawyers Absent as Plaintiffs Move Final Written Submissions

Justice Jaiteh

By Yusef Taylor, @FlexDan_YT

The Acute Kidney Injury (AKI) trial, in which 27 bereaved parents have filed a lawsuit against the Gambian Government and two pharmaceutical companies, proceeded today with only counsel for the plaintiffs filing their final written submissions for adoption.

Both the defence and the plaintiffs were scheduled to move motions for the adoption of their final arguments today, 28th July 2026. However, only Counsel Loubna Farage for the plaintiffs was present in court, while lawyers representing the defence were absent.

Counsel Farage informed the court that she had attempted to contact her counterparts, including Senior Counsel Sheriff Tambedou, however, neither he nor the State Counsel representing the Ministry of Health, the Medicines Control Agency (MCA), and the Attorney General appeared in court or provided any explanation for their absence.

The hearing was scheduled to begin at 12 noon but did not commence until 2 p.m. due to another engagement involving Justice Jaiteh, who presided over the case. A representative of the third defendant, the Medicines Control Agency (MCA), was present, while representatives of the Ministry of Health and the Attorney General's Chambers were absent. A significant number of bereaved parents also attended the hearing.

Counsel Farage then moved a motion for the court to adopt her written submissions. She explained that the defence had been ordered to file their final written submissions by 17th July 2026, but one of the counsels only filed theirs on 24th July 2026. In response, she filed the plaintiffs' final written submissions on the same day. She further informed the court that the defence has seven days to respond to her submissions, with that deadline expiring on 31st July 2026.

Justice Jaiteh adopted Counsel Farage's written submissions and ruled that the defendants should move for the adoption of their briefs on 31st July 2026 from 9:30 am. He further ruled that if the defendants fail to appear and move their applications for adoption, the court will adopt their written submissions in their absence and proceed to deliver final judgment after the court vacation.

Speaking to Askanwi Media, Counsel Farage said she would share the plaintiffs' final written submissions, which would be used to produce a follow-up report.

The AKI trial is now nearing its conclusion, with the adoption of the parties' final arguments almost complete. The court is expected to deliver its judgment after the court vacation, bringing the three-year trial to a close. The 27 bereaved parents are praying for the court to compel state declarations that the children were killed by the tainted medicines manufactured by Maiden Pharmaceuticals imported into the country by Atlantic Pharmaceuticals as well as the failure of the state via the Ministry of Health and the MCA to ensure the safety of medicines. In total the bereaved parents are seeking damages to the tune of D15 million per child for pain, suffering and death of each child.