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Wednesday, January 24, 2007

Presidency pleads for mercy over teenager condemned in Singapore
From Lemmy Ughegbe, Abuja

THE Federal Government has written to the government of Singapore, asking it to temper justice with mercy over the fate of a Nigerian teenager, Iwuchukwu Amara Tochi, sentenced to death after being found guilty of alleged trafficking of 727.03 grams of heroin into the country.


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In a telegraph sent by the Attorney General of Federation and Justice Minister, Bayo Ojo (SAN), to the Singaporean government, Nigeria urged the government of Singapore to commute the death sentence on Tochi to imprisonment.

The Guardian learnt that President Olusegun Obasanjo had also written to his Singaporean counterpart, asking that the capital punishment be commuted to a jail term.

The telegraph sent by the Justice Minister reads: "The attention of the Federal Government of Nigeria has been drawn to a very worrisome report concerning one of her citizens, 19-year-old Iwuchukwu Amara Tochi, who was convicted and sentenced to death by the High Court in Singapore for allegedly transporting 727.03 grams of heroin into Singapore and is now awaiting execution with the said sentence having been affirmed by the Court of Appeal in Singapore.

"There has been equal concern shown in my country by civil societies and particularly the Nigerian Bar Association (NBA) over the offence, entire trial and procedure adopted leading to the death sentence.

"In a nutshell, a lot of concern has been expressed over the following:

  • that the international standard of fair trial and due safeguards were not complied with;

  • that the procedure for the trial was fraught with contradictions and cannot be said to be dependable and reliable;

  • that the executions (in Singapore) are discriminatory based on political and racial considerations;

  • that the trial exhibits an oppressive standard of proof which makes an accused guilty until his innocence is proved contrary to the orthodox and internationally acceptable principle;

  • in the instant case, the trial judge also acknowledged in the judgment leading to the conviction that there was doubt and that the accused did not have the knowledge of the fact that he was in possession of the drug, heroin. The doubt expressed by the judge should have been resolved in favour of the accused; and that

  • the fact that 19-year-old Iwuchukwu Amara is a non-Singaporean citizen, a first offender and circumstances leading to his sentence should make the Singaporean Government commute his death sentence to imprisonment.

    "The Federal Republic of Nigeria has enjoyed a very cordial relationship with Singapore, especially in the areas of trade, commerce and diplomatic relations. I am not in doubt that this relationship will continue for a very long time to come.

    "As the Chief Law Officer of the Federation of Nigeria, I wish to call your attention to the contradictions contained in the judgment, the basis of the death sentence handed down to this young Nigerian. I also want to mention that should these legal irregularities and contradictions be realised or discovered in the future, it will be too late to seek correction as the accused would have made the supreme sacrifice.

    "It is for the above reasons that I apply for an urgent Presidential clemency on behalf of the Government of the Federal Republic of Nigeria for the death sentence of Mr. Iwuchukwu Amara Tochi to be commuted to a term of imprisonment.

    "While I anticipate your compassionate treatment of this request, please accept the assurances of my highest esteem regards."