AKI: MoJ Yet to Commence Legal Action Against Indian Companies

Justice Minister Hon Dawda A Jallow (c) Yusef Taylor

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 more than 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 Recommendation 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.

Parliamentry 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 importation of medicines including the batch that had the contaminated syrups”.

This was later found to be false after it was revealed that Atlantic Pharmaceuticals was in cahoots with 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 wrong doing. 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 who control the importation of medicines and at the same time working with the Atlantic Pharmaceuticals who imported the 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 at 11 Pharmacist listed as working for MCA and at the same time working for Pharmacies. An earlier publication exposes this culture in more detail.

However, the AKI Task Force Report did not stop there. The AKI Task Force Report also recommended for legal action to be taken. The Report which 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 Momodou Lamin Samateh also added to the response when he noted that “just as the Spokesperson said, the Government is working with a top tier legal firm based in the US. Putting things together for potential law suit but we don’t want to go into that am sure, you’ll understand”.

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 reporter has been following and publishing the court proceedings in which some 19 AKI bereaved families have filed a law suit 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 to 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 on 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 Hon Dawda Jallow “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 able to attach a timeline to that”.