Gambia FGM Ban Faces Supreme Court Review

Published: 09 January 2026. The English Chronicle Desk. The English Chronicle Online.

The legal battle regarding the Gambia FGM ban has reached a critical turning point this week. Supreme Court justices are currently weighing arguments that could fundamentally change protections for young girls nationwide. This high-profile case emerged after several religious leaders and a prominent lawmaker challenged the existing legal framework. They are seeking to invalidate the 2015 law that criminalized female genital mutilation across the country. The proceedings have drawn massive international attention due to the potential impact on human rights standards. Many observers believe the outcome of the Gambia FGM ban case will resonate far beyond the borders.

Almameh Gibba is the Member of Parliament leading the charge against the current protective legislation. He previously attempted to decriminalize the practice through a parliamentary bill during the 2024 session. That specific legislative effort failed to pass after intense debates within the Gambian National Assembly. Now the focus has shifted to the judicial branch to achieve those same political goals. The plaintiffs argue that the Gambia FGM ban violates their constitutional rights to religious freedom. They claim the law interferes with traditional cultural practices that have existed for many generations. This legal strategy places cultural heritage in direct conflict with established international human rights laws.

The court heard testimony from several witnesses who support the removal of the current restrictions. Abdoulie Fatty serves as a prominent Muslim leader and testified during the recent December court sessions. He argued that the practice is a religious requirement and does not cause significant harm. When questioned about recent fatalities involving young infants, he described those deaths as divine will. He further claimed the practice helps manage sexual desires which he views as a social benefit. These statements have sparked outrage among medical professionals and various human rights organizations globally. They argue that such claims ignore the documented physical trauma suffered by many young victims.

The urgency of maintaining the Gambia FGM ban is underscored by recent local tragedies. Reports indicate that two infants bled to death last year following procedures performed in rural areas. These incidents highlight the extreme physical dangers associated with the practice even in modern times. Medical data shows that nearly three-quarters of Gambian women have undergone some form of cutting. Most of these procedures occur before a child reaches the age of five years old. Without the Gambia FGM ban, activists fear these numbers will continue to rise significantly. The lack of sterile equipment and medical training during these procedures increases the risk of infection.

Fatou Baldeh is the founder of Women in Liberation and Leadership and a vocal advocate. She describes the practice as a severe manifestation of violence against women and girls today. Baldeh argues that debating this issue at a national level signals a regression in rights. She believes the attempt to overturn the Gambia FGM ban is part of a global trend. This trend involves the erosion of gender protections in various regions around the world lately. From Afghanistan to Iran, women are facing increased pressure and the loss of basic freedoms. The Gambian case is seen as a local battle within a much larger international conflict.

The practice itself involves the partial or total removal of external female genital organs. It is frequently performed without any anesthesia or professional medical supervision by traditional local cutters. Instruments used often include non-sterile knives, razor blades, or even shards of broken glass. The physical consequences can include chronic pain, severe infections, and lifelong infertility for the victims. The United Nations passed a formal resolution in 2012 calling for a global end to it. Despite this international consensus, the practice remains prevalent in approximately thirty different countries currently. Supporters of the Gambia FGM ban argue that no cultural tradition justifies such physical harm.

Under the existing legal statutes, those who perform the procedure face significant prison sentences. A convicted cutter can be sentenced to three years in prison or a heavy fine. In cases where the practice results in death, the perpetrator may face life imprisonment. These laws remained largely unenforced for several years after they were first introduced in 2015. The first actual convictions did not occur until 2023 when three women were finally sentenced. Those convictions triggered a massive political backlash from conservative groups and religious leaders in the region. This backlash eventually led to the current legal challenge before the Gambian Supreme Court today.

Lamin J Darboe is the lawyer representing the plaintiffs in this landmark constitutional court case. He is a UK-trained professional who also holds British citizenship and plans to run for president. His involvement adds a layer of political complexity to the ongoing judicial proceedings in the capital. On the opposing side, international bodies like the Ecowas court have issued very strong rulings. In July, that court described the practice as a form of torture against women. They urged member states to uphold their regional protocols and protect children from physical abuse. However, some regional leaders have been slow to implement these specific judicial recommendations.

In neighboring Sierra Leone, President Julius Maada Bio recently signed the Child Rights Act 2025. Surprisingly, this new legislation did not include a specific ban on the practice of cutting. This omission has disappointed activists who expected more progress following the recent Ecowas court ruling. It reflects a broader regional difficulty in aligning local traditional laws with modern human rights. The situation in West Africa mirrors challenges seen in other parts of the world recently. Legislative proposals in places like Bolivia and Uruguay also threaten to weaken existing protections. Organizations like Equality Now report that civil society is facing increasing pressure from repressive laws.

The Gambian Supreme Court will continue to hear evidence from both sides in the coming weeks. One expected witness is Fuambai Sia Nyoko Ahmadu, who leads a pro-cutting organization for women. She argues that international campaigns obscure the diverse cultural meanings and experiences of those involved. Her perspective represents a significant portion of the population that views the ban as external interference. Balancing these traditional views with the physical safety of children is the court’s primary task. The justices must decide if religious freedom outweighs the state’s duty to prevent physical harm. Their final decision will set a major precedent for the entire West African region.

As the legal proceedings move forward, the world remains focused on the fate of the law. The Gambia FGM ban serves as a vital shield for thousands of young girls every year. Removing this shield could lead to a resurgence of the practice in even more communities. Activists continue to mobilize, hoping to educate the public on the long-term health risks involved. They emphasize that human rights should always take priority over harmful traditional practices in society. The outcome of this case will define the future of women’s rights in the Gambia. For now, the legal community and the public wait for the court’s definitive ruling.

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