AKI Lawsuit: Lawyers Adopt Final Submissions; Judgment Expected After Court Vacation
AKI Bereaved Parents © Askanwi
By Yusef Taylor, @FlexDan_YT
All lawyers were in attendance today for the Acute Kidney Injury (AKI) trial as they moved motions for their final written submissions to be adopted by Justice Ebrima Jaiteh. The motions were accepted by the High Court on 31st July 2026, marking another significant milestone in the landmark case.
After only Counsel L. Farage for the Plaintiffs attended the previous hearing on 28th July 2026, all parties were represented at today's proceedings. Counsel K.S. Tambedou appeared for the second defendant, Atlantic Pharmaceuticals, while Counsel C.C. Njie represented the 3rd, 4th and 5th defendants—the Ministry of Health, the Medicines Control Agency (MCA), and the Attorney General.
Throughout the trial, the Indian pharmaceutical company Maiden Pharmaceuticals has neither sent a representative nor appointed legal counsel, despite numerous attempts to serve the company.
The first to move her motion was Counsel L. Farage, who informed Justice Jaiteh that the Plaintiffs filed their written address on 24th July 2026, together with two bundles of authorities, and urged the Court to adopt them.
"I respectfully submit that judgment should be entered in favour of the Plaintiffs against the four defendants as prayed in our writ of summons," Counsel L. Farage stated.
Next, Counsel K.S. Tambedou, representing Atlantic Pharmaceuticals, addressed the Court:
"My Lord, I respectfully adopt the second defendant's written address dated and filed on the 22nd July 2026. My Lord, we rely on the arguments and authorities contained therein and urge this Honourable Court to find and hold that the Plaintiffs have not proved any negligence or breach of any duty by the second defendant. My Lord, we ask this Honourable Court to dismiss the Plaintiffs' claim against the second defendant with costs. My Lord, that will be all."
The final motion was moved by Counsel C.C. Njie, who informed Justice Jaiteh:
"The 3rd, 4th and 5th Defendants filed their final address dated the 12th June 2026 and filed their brief on the 19th June 2026. We wish to adopt all the arguments contained therein and all the authorities cited. We urge this Honourable Court to dismiss the claims made by the Plaintiffs against the 3rd, 4th and 5th Defendants."
Counsel Njie also clarified that they had previously filed an application for an extension of time but wished to withdraw it, as they had managed to submit their brief within the prescribed period. Justice Jaiteh took note of the request, and the application for an extension was accordingly withdrawn.
In response, Justice Jaiteh ruled:
"Upon the adoption of the respective briefs of arguments filed by Counsel for the Plaintiffs and the Defendants, I shall therefore adjourn this matter for judgment after the summer recess and communicate the date of the judgment to the respective counsel."
The court vacation begins on 1st August 2026 and ends on 30th September 2026.
The AKI trial is now approaching its conclusion, with the adoption of all parties' final submissions completed. 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 asking the Court to declare that their children died as a result of the tainted medicines manufactured by Maiden Pharmaceuticals and imported into The Gambia by Atlantic Pharmaceuticals. They also seek declarations that the State, through the Ministry of Health and the Medicines Control Agency, failed to ensure the safety of medicines.
The bereaved parents are seeking damages of D15 million per child for the pain, suffering, and death of each child. If awarded in full, the total compensation would amount to D405 million.
