By Nicholas Bass
The Banjul High Court has approved the state’s request to call former Director of Health, Dr. Mustapha Bittaye, as a witness in the ongoing civil suit over the Acute Kidney Injury (AKI) outbreak.
Presiding Judge Ebrima Jaiteh on Thursday granted the application after hearing submissions from both parties. The state, represented by Director of Civil Litigation J.O. Okete on behalf of the National Medical Control Agency, Ministry of Health, and Attorney General, sought to have Dr. Bittaye testify in the matter.
The plaintiffs, represented by lawyer Yassin Senghore, opposed the application, arguing that allowing an additional witness at this stage would prejudice their case. Senghore contended that all defense statements and witnesses should have been filed at the outset and characterized the request as an attempt to introduce new evidence. She urged the court to dismiss the state’s application with costs.
Justice Jaiteh, however, ruled in favor of the state, noting that there were sufficient and compelling grounds to allow Dr. Bittaye’s testimony. The court accepted Dr. Bittaye’s witness statement, dated 3 November 2025, as properly filed.
“This provision vests in the court a wide discretionary power to admit and allow additional evidence where the interest of justice so requires,” Justice Jaiteh said, adding that judicial discretion must be exercised judiciously and based on credible, unchallenged facts.
The judge noted that the plaintiffs had not filed an affidavit opposing the application. He added that questions raised by the plaintiffs could only be adequately addressed by Dr. Bittaye, who, at the time of the alleged incident, was Director of Health Services and now serves as Chief Medical Director.
“Dr. Mustapha Bittaye possesses direct and first-hand knowledge regarding the AKI outbreak and matters central to this litigation,” the judge said. He emphasized that the testimony would provide essential clarifications for the just and complete resolution of the case.
Meanwhile, the AKI civil suit was filed on 30 June 2023 by families of 19 children who died following the outbreak. The plaintiffs have named Maiden Pharmaceutical Company, Atlantic Pharmaceutical Company, the National Medical Control Agency, the Ministry of Health, and the Attorney General as defendants, seeking declarations of regulatory failures and other remedies.
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By Nicholas Bass The Banjul High Court has approved the state’s request to call former Director of Health, Dr. Mustapha…
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