Dr Ahmadou Lamin Samateh, the Minister of Health has been criticised by Justice Ebrima Jaiteh of the Banjul High Court for failing to appear in the Acute Kidney Infection (AKI) filed against the Ministry of Health, Medicine Control Agency and the Attorney General. The case was initiated by the families of the victims of AKI.
Dozens of Gambian children died allegedly for consuming syrup that was not fit for consumption. The pharmacy that is in the centre of the allegation was Maiden Pharmaceutical Company.
Justice Jaiteh said the Minister of Health was served through his record office to appear in court and produce documents.
The Minister of Health was expected to be before the court yesterday to produce documents. The documents include death certificates, birth certificates and post mortem reports.
Justice Jaiteh asked Counsel Binga D, the Director of Civil Litigation, who appeared for the Ministry Health why the Minister was not in court.
Counsel Binga said the documents were served on Friday through the record officer of the court, and if the documents were served on Friday, in an ideal situation, the minister would receive them on Monday, which was yesterday. He added that the death certificates would not be with the Minister of Health. He explained that they will be under the custody of the hospitals.
Justice Jaiteh indicated to Counsel Binga that orders of the court are bound to be respected.
"If he is served, even if he doesn't have the documents, he should have come or send one of his subordinates to come. But refusal to come and answer the court summons is contempt of court," Justice Jaiteh anchored.
Justice Jaiteh said Prof. Sallah was before the Court and had other issues to attend to; he could have also sat and said he did not have the documents and would not come to the court.
He said the idea of not coming to court at all to sit in a comfort zone drinking coffee is disrespectful to the court, and he will not take that because it is criminal pursuant to section 106 of the Criminal Code.
"They cannot just sit in their comfort zone and disobey the court orders. Otherwise, this country will turn to a state of anarchy," Justice Jaiteh emphasised.
Justice Jaiteh told Counsel Binga that he should put it to the Attorney General that such is not acceptable and the Minister of Health cannot disrupt court proceedings.
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"I am not going to sit here and waste my time. We are here in the name of the Republic," Justice Jaiteh said.
He said no one from the Ministry of Health is in court. He added that the action is disrespectful when the lives of people are lost.
"We cannot have obstacles when officers are sitting in their comfort zone drinking coffee," Justice Jaiteh said.
Jaiteh explained that sometimes, the ministers don't even know the law; they don't know that failing to respect the court orders is criminal and they should be in prison for that.
He instructed Counsel Binga to tell the Minister that the case will be coming on Thursday and that he should come or send his subordinate to come and appear before the court.
"We cannot afford what happened today to repeat itself; let them come and comply with the court orders," Justice Jaiteh said.
Counsel Farage for the victims' families said it is the job of the Counsel to advise the minister of the consequences of not respecting the court orders. Counsel Binga promised the court that he would make sure the message is communicated to the Minister.
The matter was adjourned to Thursday.
