Testifying as the third defence witness in the constitutional challenge to the Women’s (Amendment) Act, Dr Bittaye appeared before a five‑judge panel led by Justice C. Jallow. He adopted his witness statement as evidence‑in‑chief and confirmed that he co‑authored the Obstetric Outcomes of FGM Report, which was admitted into evidence despite objections from counsel for the plaintiffs.
Dr Bittaye, who has practised medicine for more than 15 years, explained that while complications can occur in women who have not undergone FGM, research demonstrates that the risks are significantly higher among those who have.
He told the court that FGM can prolong labour, increase the likelihood of Caesarean section, raise the incidence of episiotomy and contribute to severe bleeding after delivery — one of the leading causes of maternal deaths.
“The evidence is overwhelming that FGM is a significant contributor,” he declared under cross‑examination by Counsel L.J. Darboe.
During re‑examination by Counsel Yassin Senghore, Dr Bittaye elaborated on the findings of the obstetric outcomes study. He testified that women with Type I FGM faced a 2.6 times higher risk of Caesarean section compared with women without FGM. Those with Type II faced a 3.1 times higher risk, while Types III and IV carried a 2.7 times higher risk.
He added that women with FGM were more likely to experience postpartum haemorrhage and prolonged labour, with labour durations increasing in severity as the type of FGM advanced.
Dr Bittaye further testified that babies born to mothers who had undergone FGM were more likely to require resuscitation at birth and faced increased risks of perinatal death.
He rejected suggestions that FGM and male circumcision are comparable, explaining that male circumcision involves removing only the foreskin covering the glans of the penis, whereas FGM entails cutting or removing parts of the female genitalia, including the clitoris.
Asked whether FGM has any health benefits, Dr Bittaye responded: “I am not aware of any.” By contrast, he noted that studies have shown male circumcision can reduce the risk of certain sexually transmitted infections.
Personal Testimony
Earlier in his testimony, Dr Bittaye recounted an incident in which a child was circumcised without parental consent. He explained that while FGM is usually carried out with the knowledge of parents or guardians, it is possible for a child to undergo the procedure secretly. He described how a relative circumcised a child while the parents were at work, leaving the mother devastated upon discovering what had happened.
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