By Yusef Taylor, @FlexDan_YT
The Gambia’s Justice Minister informed Parliament that the Government is currently pursuing diplomatic channels with the Indian Government to pursue legal action against the Indian company responsible for manufacturing tainted medicines which took the lives of over 73 children in The Gambia from mid-2022 to early 2023.
Back in December 2022 Parliament instructed the Government to commence legal proceedings against Indian company Maiden Pharmaceuticals and this was followed up with another recommendation from the President’s AKI Task Force for the government to file legal proceedings against the same company back in July 2023. However, to date, it appears this is not taking shape.
Parliamentary Inquiry and Presidential Task Force Recommend Law Suit
It can be recalled that one of the recommendations from Parliament’s Inquiry into the AKI Outbreak instructs that “the government should pursue legal action against Maiden Pharmaceuticals for exporting contaminated drugs to The Gambia with the Atlantic brand name”. The recommendation went further to absolve Atlantic Pharmaceuticals from blame when it noted that their “investigation has revealed that Atlantic pharmacy in The Gambia had followed all regulations for [the] importation of medicines including the batch that had the contaminated syrups”.
The second part of that recommendation was later found to be false after it was revealed that Atlantic Pharmaceuticals was in cahoots with the Medicines Control Agency (MCA) through an officer working for both Institutions by the name of Mr Tijan Jallow. Tijan Jallow boldly called a press conference and vehemently defended Atlantic Pharmaceuticals from any wrongdoing. Tijan Jallow was later found wanting by the President’s Office AKI Task Force Report which exposed the fact that Tijan Jallow was working for the MCA as a Pharmacist and Atlantic Pharmaceuticals as a Supervising Pharmacist.
In essence, Tijan Jallow was a referee for MCA which controls the importation of medicines and at the same time worked with Atlantic Pharmaceuticals which imported toxic medicines into the country. He was not the only one as conflict of interest was highlighted in the AKI Task Force Report as a widespread culture with 11 Pharmacists listed as working for MCA and at the same time working for Pharmacies. An earlier publication exposes this culture in more detail.
Conflicted MCA Regulatory Officer Acted as Supervising Pharmacist for Atlantic Pharmaceuticals
However, the AKI Task Force Report did not stop there. The President’s Office sanctioned Report recommended for legal action to be taken. The Report which was launched during a press conference on 21st July 2023 instructs that “the Government of The Gambia through the Ministry of Justice should forthwith explore the possibility of instituting legal action against Atlantic Pharmaceuticals, Maiden Pharmaceuticals, and the Government of India to seek redress on behalf of the families of the victims of AKI outbreak”. After the Report was issued two of the MCA’s highest-ranking officers were dismissed and Atlantic Pharmaceuticals was closed down.
On the day that the AKI Task Force Report was launched, the Government Spokesperson responded to a question on the lawsuit. Mr Sankareh told members of the press: “I began by saying that because of the very peculiar circumstance surrounding this case, we opted for a news briefing instead of a press conference. But I also said the Government of the Gambia is saddled with two law cases. One, the victims’ families are suing the government. Two, the Gambia Government potentially, potentially, is looking for a way of also seeking redress in an international litigation”.
Health Minister Hon Ahmadou Lamin Samateh also added to the response when he noted: “Just as the Spokesperson said, the Government is working with a top-tier legal firm based in the US. Putting things together for a potential lawsuit but we don’t want to go into that am sure, you’ll understand”.
AKI Case Set for Out of Court Settlement by 30th November 2023
AKI Families Law Suit Against Government and Two Pharmaceuticals
Since the AKI Task Force Report was published victims have now taken matters into their own hands by taking the Government and the two pharmaceutical companies to court. Our Gainako reporter has been following and publishing the court proceedings in which some 19 AKI bereaved families have filed a lawsuit demanding D285 million as redress for the death of their children.
Since the court case commenced in The Gambia’s High Court, Justice Jaiteh has adjourned the case at least twice to allow Maiden Pharmaceuticals to be properly served with a notice and to allow for out-of-court settlement. In essence, all defendants in the case have been served and only Maiden Pharmaceuticals and Atlantic Pharmaceuticals have not responded by refusing to attend the court proceedings.
Parliamentary Inquiry on Government Law Suit
After over a year and six months since the outbreak commenced, Parliament and the President’s Office have both recommended for legal action to be initiated by the Gambia Government against the two pharmaceutical companies but not much is taking shape in that regard. Hon Momodou L B Bah of Banjul North who is the Vice Chair of the Parliamentary Committee which investigated the AKI Outbreak asked a Parliamentary Question to the Hon Attorney General and Minister for Justice Dawda A Jallow “on the government’s level of progress in the legal pursue against the Indian Pharmaceutical Companies and all other institutions responsible for the death of 73 children from AKI?”
In response, Justice Minister Jallow noted that “the government of the Republic of The Gambia through Ministries of Health and Foreign Affairs is engaging the Indian Government through Diplomatic channels to look into the possibility of instituting action in India to ensure that the Indian companies that produce the medicines which lead to the AKI Outbreak and their directors are brought to answer and take responsibility for the wrongs done to Gambian people”.
In a follow-up question, Hon Bah asked the Minister for Justice to detail “if there is any timeline on the process”. In response to this Justice Minister Jallow revealed: “For the engagement with the Indian Government, I’ve seen correspondence. We’ve sent our legal advisory sector that is the Ministry of Health. And I’ve seen the Ministry of Health correspondence to the Foreign Ministry. So, like I said they’re working on bilateral government-to-government engagement to see what can be done in that direction. I am not able to attach a timeline to that”.