The suit is between the victims of Acute Kidney Injury (AKI) and three defendants – Medicines Control Agency, the Ministry of Health, and the Attorney General.
The director of Civil Litigation and International Law Department, Binga D., counsel for the 3rd, 4th, and 5th defendants told the court that they had made significant progress with the issue of compensation and the state was looking into it so that they could come out with a definite position.
The plaintiff counsel Y. Senghore confirmed meeting with the defendant counsel and the Attorney General with the view to settling the matter, adding that they have not reached any agreement yet and they were open to settlement.
“The settlement outside the court does not bar the proceeding of the court in the matter,” counsel Y. Senghore told the court.
The presiding Judge, Justice Jaiteh stated that the Indian government had the duty of care and responsibility to make sure that companies there had standards, adding that if the Indian government did not take any action, the government of the Gambia could drag India to court.
He further added that the Indian government cannot turn a blind eye to companies who produced medicines in India and only sold those medicines outside India.
Counsel Binga intervened and said “These things have to do with diplomatic issues. We cannot just get up and take the Indian government to court. We have to follow protocols.”
Counsel Y. Senghore also stated that as long as the Indian government had the duty of care and responsibilities, the government of The Gambia also had the responsibility to know what kind of medicines are imported into the country.
The case was .adjourned until 31 January 2024.
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