AKI Lawsuit Nears Judgement After Final Witness Testifies

AKI Bereaved Parets © Askanwi

By Yusef Taylor, @FlexDan_YT

The Acute Kidney Injury (AKI) trial, which has seen some 27 parents file a lawsuit against The Gambia Government and two pharmaceutical companies, has concluded the trial stage, with lawyers from both sides scheduled to appear on 28th July 2026 to submit their final arguments.

The trial, which commenced back in June 2023, has concluded a key stage, with Dr Mustapha Bittaye being the last witness to testify before Justice Ebirma Jaiteh of the Banjul High Court. The proceedings started with the notable absence of Senior Lawyer Sheriff Tambedu, who had announced to the court his intention to cross-examine Dr Bittaye on 20th May 2026.

Arriving late, Counsel Alieu Gibba of the Ministry of Justice faced stern questions from Justice Jaiteh regarding his late appearance. In response, Counsel Gibba apologized and applied for the last witness to be discharged.

Justice Jaiteh then called Dr Bittaye into the witness box and discharged him after thanking him for guiding the court. Justice Jaiteh noted that “we are not Doctors, you are the Doctors. I thank you very much for guiding the court.”

Not aware that Dr Bittaye was the last witness, Counsel Gibba, representing the Ministry of Health, the Medicines Control Agency, and the Attorney General and Ministry of Justice, attempted to apply for an adjournment to call another witness. This was met with more questions from Justice Jaiteh, who informed him that Dr Bittaye was the last witness.

Present from the start, Counsels for the Plaintiffs, Counsel Anna Njie and Counsel Yassin Senghore, briefed Counsel Gibba on the stage of the case, prompting his explanation to Justice Jaiteh: “I have just been informed of this case 3 minutes before coming to court. I tried pushing not to come to court, but I couldn’t push forward.” In response, Justice Jaiteh urged Counsel Gibba to set standards and avoid a repetition.

After Dr Bittaye was discharged, Justice Jaiteh declared the trial stage of the case closed and turned his attention to the next stages. Justice Jaiteh explained that the next stage will see lawyers from the Plaintiffs and the Defense submit their briefs for adoption, which will be followed by the judgement.

A debate ensued on who should submit their brief first, with Justice Jaiteh suggesting that the Plaintiffs submit theirs first, followed by the Defendants’ response. However, after referring to the law books, Counsel Yassin and Counsel Senghore’s arguments convinced Justice Jaiteh that the Defense should file their brief first. This was confirmed after Counsel Gibba aligned himself with the two lawyers’ argument.

Once that was agreed, another debate ensued on the length of time each counsel would be allowed to prepare their brief for submission. After Counsel Gibba argued for 35 days and Counsel Njie argued for 21 days, it was agreed that 28 days would be allowed for each counsel to prepare and file their briefs. Both Defense Lawyers are scheduled to submit their brief on 18th June 2026, followed by the Plaintiffs’ Lawyers submitting their brief on 17th July 2026. Justice Jaiteh allowed a further seven days for the Defense to file another reply if needed.

This will culminate in the next hearing on 28th July 2026, when both lawyers will formally submit their briefs for adoption to Justice Jaiteh, who informed the court that he would announce the judgement date at the next adjourned date.