Supreme Court nominee, Justice Hafisata Amaleboba, has clarified that bail conditions imposed on accused persons are not designed to serve as punishment.
Speaking during her vetting before Parliament's Appointments Committee on Wednesday, June 18, she explained that the core objective of bail is to ensure that an accused person avails themselves for trial, not to penalise them.
Justice Amleboba added that the legal system provides avenues for redress if one believes a bail condition is excessive. "If an accused person is granted bail conditions which he or she deems as onerous, he or she has the opportunity to apply for a variation of the bail terms," she stated. "If you find a stumbling block in that court, you can appeal against those conditions.
This is because the aim of a bail condition is not to punish the person but to ensure that you make yourself available for trial." Justice Amaleboba also emphasised the responsibility of sureties, pointing out that "If you abscond, the sureties who have signed your bond will be able to pay whatever conditions are required of them." She further reiterated that if bail is granted but deemed too harsh, the proper legal remedy is to seek a variation or reapply.
