Singapore has said that on November 18 it would
execute a Nigerian, Chijioke Obioha, who was convicted
for possession of drugs for the purpose of trafficking on
December 30, 2008.
The execution date, according to a statement by
Amnesty International, has been communicated to
Obioha’s family. On April 9, 2007, Obioha was found in
possession of more than 2.6 kilograms of cannabis,
surpassing the statutory amount of 500 grams that under
Singapore law triggers the automatic presumption of
trafficking.
Also in his possession were keys to a room containing
additional prohibited substances, leading the authorities
to presume him guilty of possession and knowledge of
the drugs. Obioha’s appeal against his conviction and
sentence was rejected in August 2010.
Maintaining his innocence of the crime, he initially
refused to make use of his right to resentencing which
amendments to Singapore’s mandatory’s death penalty
laws made in 2013 allowed for.
In Singapore, when there is a presumption of drug
possession and trafficking, the burden of proof shifts to
the defendant. This, according to Amnesty International,
is a violation of fair trial rights, specifically the
presumption of innocence.
After the rejection of his clemency appeal in April 2015,
his execution was set for May 15, 2015. It was stayed a
day earlier to allow him apply for resentencing.
His family was only informed on October 25, 2016 that he
had resolved to withdraw his application for
resentencing earlier in the year, following legal advice
that he would not qualify as “courier” under the amended
laws.
Consequently, the Court of Appeal lifted the stay of
execution with effect from October 24, resulting in the
execution date e set for November 18. Obioha appealed
once again for clemency for the President, who has the
power to commute his death sentence.
Amnesty International statement reads in part: “Chijioke
Stephen Obioha graduated in Industrial Chemistry from
Benin University in Nigeria.
He moved to Singapore in 2005, seeking to join a
football club. His family members, who currently live in
Nigeria and the United Kingdom, have been unable to
travel to visit and had limited ability to assist him.
Throughout the duration of the proceedings, they have
received sporadic and often delayed updates, including
when a legal representative was removed from the case.
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