Explaining further under cross-examination, the Chief Medical Director stated that an expert, Professor Vivian, detected that the children’s acute condition might be linked to paracetamol consumption after medical examination.
He added that a clinical decision was made indicating that paracetamol was the main cause of injury among the affected children, and samples were taken abroad for testing in July 2022. According to him, laboratory tests conducted in The Gambia, with analysis later done in both Senegal and Ghana, detected two sets of bacteria linked to AKI.
The testimony came in a civil suit filed by families of the deceased children against Maiden Pharmaceutical Company Limited (1st defendant), Atlantic Pharmaceuticals Limited (2nd defendant), the Medicines Control Agency (3rd defendant), the Ministry of Health (4th defendant) and the Attorney General (5th defendant).
The plaintiffs, represented by Counsel L. Farage, are seeking 15 million dalasis per child for pain, suffering and wrongful deaths.
The suit alleges that the deaths were caused by the consumption of contaminated promethazine oral solution, Kofexmalin Baby Cough Syrup, Makoff Baby Cough Syrup and Magrip N Cold Syrup, four cough syrups manufactured in India and imported by Atlantic Pharmaceuticals Limited.
During cross-examination, Counsel Farage questioned Dr. Bittaye about his experience and the circumstances surrounding the outbreak.
The witness told the court he has been in the medical field since 2006 but could not state the specific date the AKI outbreak began or the exact number of cases recorded at the hospital, noting that AKI occurs many times.
He further testified that during the period of the outbreak, between June and October 2022, the country experienced flooding which may have been linked to the situation.
He said authorities initially connected the outbreak to diarrhoea cases following water contamination caused by the floods. However, when asked why similar flooding in 2021 did not result in an AKI outbreak, the witness did not provide a direct explanation.
Dr. Bittaye told the court he was notified of child deaths around July 2022.
He said that by October, authorities had recorded 27 deaths, which later rose to 83 by November.
He also disclosed that out of approximately 70 children who died, only two autopsies were conducted, explaining that autopsies are usually carried out when the cause of death is uncertain or in cases of suspected murder.
He confirmed that a national response team was set up to guide interventions and drug samples were sent to Senegal and Ghana for analysis.
While agreeing that not all medicines contain paracetamol, including drugs such as amoxicillin and vitamin B, he also stated that 38 different drugs were investigated for possible links to AKI.
When pressed on whether he knew which specific drugs were contaminated, the witness said he had no such knowledge and could not answer on behalf of the Medicines Control Agency.
He further stated that he was unaware that Atlantic Pharmaceuticals had been named in any MCA report until after a public statement by President Adama Barrow.
Dr. Bittaye acknowledged challenges within the health sector, including human resource and equipment shortages.
He also pointed to perceived conflicts of interest within the Medicines Control Agency at the time, alleging that some MCA staff owned pharmacies, which he said raised concerns about separation of powers. However, he maintained that reducing the number of pharmacists in the country would not address the issue.
The court also heard that government officials, including the President and the Minister for Health, visited victim families during the crisis, and that families of victims were identified through a government taskforce.
Counsel Farage urged the witness to be better prepared for the next hearing, noting that he had tendered documents before the court yet struggled to recall key dates and figures during cross-examination.
The matter was adjourned until 26th February 2026
