Religious Leaders and MP Challenge Gambia’s FGM Ban in Supreme Court
A group of religious leaders and a Gambian MP have filed a case at the country’s Supreme Court seeking to overturn the ban on female genital mutilation (FGM), following a failed attempt to decriminalise the practice in 2024.
The legal action comes after two babies died from FGM in Gambia last year, sparking renewed concern among activists. Almameh Gibba, an MP and one of the plaintiffs, had previously introduced a bill to legalise FGM, which was rejected by parliament.
Women’s rights advocates describe the case as part of a broader global backlash against gender protections. Fatou Baldeh, founder of Women in Liberation & Leadership, said:
“FGM is a severe form of violence against women that harms their physical and mental health. The fact that it is still being debated shows a regression in women’s rights. This is not isolated—it is part of a global trend.”
Gambia has one of the world’s highest rates of FGM, with nearly 75% of women aged 15–49 having undergone the practice, and almost two-thirds cut before age five. FGM involves partial or total removal of the female genitalia, often performed without anaesthesia by untrained practitioners using knives, razor blades, or glass, and can lead to serious health issues, including infertility.
Globally, FGM is recognised as a violation of human rights. The UN passed a resolution to ban it in 2012, but it remains practised in about 30 countries across Africa and Asia, primarily for cultural or religious reasons.
Under Gambian law, a practitioner can face up to three years in prison and a fine of 50,000 dalasi (£500), while FGM resulting in death carries a life sentence. The law was criminalised in 2015, but enforcement began only in 2023, when three women were convicted for performing FGM on eight children. These convictions sparked a backlash, including attempts to repeal the ban.
The plaintiffs, led by Gibba, argue that the law infringes on constitutional rights to cultural and religious freedoms.
Two witnesses have already testified in court. Abdoulie Fatty, a prominent Muslim leader, claimed that female circumcision is part of Islam and not harmful. When asked about the two deaths caused by FGM, he reportedly replied:
“We are Muslims, and if someone dies, it is God’s will.”
Fatty also stated that the practice reduces women’s sexual desire, which he described as a problem for men.
Another witness, Fuambai Sia Nyoko Ahmadu, a dual US-Sierra Leonean citizen and founder of the pro-FGM group Gambian Women are Free to Choose, is scheduled to testify. She has argued that anti-FGM campaigns oversimplify the diversity of experiences among those affected by cutting.
The plaintiffs are represented by Lamin J Darboe, a UK-trained lawyer with dual British-Gambian citizenship, who has announced his candidacy for the Gambian presidency in December.
The case echoes recent regional developments. In July 2025, the ECOWAS Court of Justice ruled that FGM constitutes “one of the worst forms of violence against women” and meets the threshold for torture. Despite this, Sierra Leone’s president, Julius Maada Bio, did not ban FGM when signing the Child Rights Act 2025.
Activists warn this reflects a broader global trend against women’s rights, citing developments in Afghanistan, the US, Iran, and Latin America, where legislative proposals and government policies are increasingly restricting women’s freedoms.
Fatou Baldeh said:
“Despite protocols and treaties protecting women and girls, governments in the region are failing to act. Civil society faces growing pressure worldwide, and rights bodies are being dismantled in countries like South Korea and Argentina.”
The Supreme Court case in Gambia will resume this month, with both national and international observers closely watching the potential impact on women’s rights in the region.
