Poverty is an Enemy to Justice Sick Babylon Defendant Can’t Meet Bail Condition

 

The above mentioned caption gives legitimacy to our conclusion that poverty is an enemy to justice.

 

Samsideen Kujabi is one of the accused persons associated with the Babylon case. Readers would recall that Mrs. Hajum Gaye, told the court that Samsideen Kujabi is having some health problems while under detention in Mile 2 Prison. She argued that the accused persons have the right to undergo medical check up if they are sick and are also entitled to be released on bail on this basis. The magistrate concurred and made the following ruling:

 

"I’m granting him bail due to his illness. He is granted bail in the sum of D500, 000 with two Gambian sureties. One of the sureties must have a landed property within the Greater Banjul Area," ruled Magistrate Ahmadi.

 

Mr Kujabi is still in custody because he is said to be unable to meet the bail condition. Poverty is what is restricting the ruling of the magistrate from being implemented.

There is need for a special study to be conducted by the Gambia Bar Association on enacted laws which call for abrogation of bail and determine their constitutionality or unconstitutionality. It is also necessary for them to review the bail terms to determine when they are reasonable and when they are excessive.

 

The objective of imposing bail conditions is to ensure the appearance of an accused person for trial. The person who takes the risk is the person who agrees to serve as surety. It is both the property and family ties of the surety that matter. A surety who is employed and has a family is not likely to back someone who would run away and leave him or her in limbo. Knowledge of the culture of a people and the power relations in their communities is very vital in establishing bail conditions.

 

Since many Gambians are from very poor family backgrounds bail conditions should not fetter the granting of substantive justice. It should instead enhance such justice.