The State on Wednesday opened its defence in the Supreme Court case challenging the constitutionality of The Gambia's ban on female genital mutilation (FGM), calling its first witness to testify about the passage of the Women's (Amendment) Bill, 2015.
The witness, Agi Sainey Kah, a deputy legal officer for procedures at the National Assembly, told a panel of five Supreme Court judges that the bill underwent all the required legislative processes before it was passed.
Lawyers L.J. Darboe and B. Badjie appeared for the plaintiffs. State Counsel A.A. Wakawa represented the first defendant, while Y. Senghore appeared for the second defendant and L.K. Mboge for the third defendant.
Led in evidence by State Counsel Wakawa, Kah adopted her sworn affidavit as her evidence before the court. She told the judges that her testimony was based on the legislative records of the Women's (Amendment) Bill, 2015, which was presented before the National Assembly.
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She said all proceedings relating to the bill were recorded, transcribed and signed at the National Assembly.
The State then sought to tender the legislative records as evidence.
Counsel for the plaintiffs objected, arguing that the transcript was a computer-generated document and should comply with Section 22(2) of the Evidence Act by being accompanied by the required certificate.
Responding to the objection, State Counsel Wakawa argued that the witness had not described the document as computer-generated but as an official transcript prepared by the National Assembly's transcription department.
He further submitted that the document was admissible under Section 3 of the Evidence Act and urged the court to admit it.
The plaintiffs maintained that the document constituted computer-generated evidence and asked the court to reject it.
After hearing both sides, the Supreme Court admitted the legislative record of the Women's (Amendment) Bill, 2015 into evidence, ruling that it was essential to the proceedings.
During cross-examination, Kah confirmed that she works at the National Assembly as deputy legal officer for procedures and told the court that the Office of the Clerk is the custodian of all Assembly documents.
Asked whether the Assembly uses an electronic recording system, she replied that it does, explaining that parliamentary sittings are electronically recorded.
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She also testified that the legislative record relating to the Women's (Amendment) Bill was signed by the National Assembly.
Counsel for the plaintiffs then asked the court to expunge the affidavit, arguing that it had not been sworn on oath but was merely signed by the National Assembly.
State Counsel Wakawa opposed the application, maintaining that the witness had already explained that the document was signed in Banjul and urging the court to dismiss the request.
The Supreme Court rejected the application to expunge the document and marked it as Exhibit D1.
Kah further testified that the bill followed a consultation process led by the executive, particularly the then Vice President, Dr Isatou Njie Saidy, before it was introduced in the National Assembly. She said the bill subsequently went through both its first and second readings in Parliament.
The case was adjourned to Thursday, 9 July 2026, at 1 p.m. for the continuation of the hearing.
