Author: Ebere Agozie

  • Death penalty: Supreme Court discharges Army Sergeant

    Death penalty: Supreme Court discharges Army Sergeant

     

    Discharge
    By Ebere Agozie

    Abuja, June 28, 2024 (NAN) The Supreme Court on Friday discharged and acquitted a Nigerian Army Sergeant, Akawu Bala from death sentence imposed on him by the General Court Martial of the Nigerian Army.

    Justice Helen Ogunwumiju while delivering judgment in an appeal filled at the Supreme Court on March 16, 2017 by Bala, discharged him from the death penalty.

    Respite came the way of the embattled army sergeant when the five-man panel of justices unanimously discharged him after spending 12 years in Kaduna Correctional Centre waiting for ratification of the death sentence passed on him.

    The Apex Court rejected the arguments of the army’s lawyer and thereafter ordered the immediate release of the convict from the correctional centre where he had been on remand since 2012.

    Ogunwumiju agreed with Reuben Atabo, SAN, counsel to Bala that the Court of Appeal ought to have discharged the accused person having voided his trial and declared it a nullity.

    She subsequently invoked section 193 of the Armed Forces Act 2014 and set the convict free adding that the ordinary meaning of section 193 of the Armed Forces Act 2014 is that the accused person can no longer stand another trial.

    Bala was accused by the Nigerian Army of shooting one Isa Mohammed on Dec. 9, 2012 when he was attached to African Petroleum Station at Sabon Tasha, Kaduna with AK47 gun.

    The victim of the gunshot was said to have died on December 10, 2012 at Saint Gerald’s Catholic Hospital in Kaduna.

    Following his indictment, he was put on trial on murder charge punishable under section 106 of the Armed Forces Act 2014 before the General Court Martial on 2-count charge.

    He was found guilty of murder and subsequently sentenced to death by hanging.

    However, on Feb. 17, 2017, his appeal against the death penalty was upheld by the Court of Appeal, Kaduna division, on the ground that the charge sheet upon which he was tried and convicted was not signed by a General Commanding Officer as required by law.

    Justice Obietonbara Kalo who read the Court of Appeal’s lead judgment declared the process of the trial and conviction of the Sergeant as a nullity but however refused to discharge him from the nullified trial, prompting further appeal to Supreme Court.

    Bala’s lead Counsel, Atabo, had argued on behalf of the convict that having declared the trial of his client, a nullity, the Court of Appeal ought to have made a consequential order to discharge the accused person from the flawed trial.

    He drew the attention of the apex court to section 193 of the Armed Forces Act 2014 which prohibited retrial of any military personnel after his trial has been voided and set aside.

    The Nigerian Army through its lead counsel, Isaac Udoka vehemently objected to the arguments of the defense appellant and prayed that the apex court should order the retrial of the convict in the interest of justice.

    Bala had in his defense claimed that he fired gun shot at Isa Mohammed and one other person when they were walking towards him in the dark at the African Petroleum Station.

    He equally claimed that his order on them to go back was rebuffed prompting him to fire at them before they could capture him.

    The convict claimed that he fired the gun at the two men because it was during the peak of Boko Haram activities in Kaduna that they were walking towards him in the dark. (NAN)

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  • FG backs calls for establishment of Restorative Justice centres

    FG backs calls for establishment of Restorative Justice centres

    Centres

    By Ebere Agozie

    Abuja, June 27, 2024 (NAN)The Federal Government has thrown its weight behind stakeholders’ calls for the establishment of Restorative Justice Centres in the country.

    Mrs Beatrice Jedy-Agba, the Solicitor-General of the Federation, said this at the Validation Session of Restorative Justice Documents; the Policy, Bill, Practice Direction, and Training Manual on Thursday in Abuja.

    The programme was organised by the Ministry of Justice and sponsored by UNODC.

    “These centres will run as forms of alternative dispute resolution and will be deployed as tools for decongesting many of the less serious cases in the docket of the courts.

    “This will invariably decrease the overcrowded correctional centres.

    “It is proposed that the centres will receive referrals from the police, courts and prosecutors to settle some criminal matters amicably’’.

    She called for support for government policies towards reforming the criminal justice system, through developing restorative justice mechanisms.

    “The criminal justice system faces tremendous challenges, ranging from recidivism, prolonged duration for trials, overcrowded custodial centres and the failure of punishment for offences to meet with standards of justice for the victims and survivors of crime.

    “These challenges are addressed through restorative justice mechanisms, with the overall objective of improving the criminal justice system.

    She explained that restorative justice is an evolving approach to justice that seeks to repair harm by providing an opportunity for those harmed and the perpetrators to communicate and address needs in the aftermath of a crime.

    “It gives offenders an opportunity to make amends and to try to correct some of their wrongs and hurt which they may have caused to their victims.

    “It is also an innovative approach that has been known to reduce re-offending rates by making the offenders face the consequences of their action’’.

    She noted that while the traditional criminal justice process solely focuses on punishment for the offender, restorative justice focuses on victims and survivors who have been harmed by the conduct of the offender.

    “Victims are empowered to participate more fully than in the traditional system, and the community also has an important role to play by establishing standards of conduct and helping to provide support to the parties involved.

    “I hope that the validation and eventual passage of these legal and regulatory frameworks will serve as model to be adopted by the states’’.

    Also speaking, the Inspector-General of Police, IGP Kayode Egbetokun  added that as a way of building a more inclusive justice system, police will champion adoption of the restorative system.

    “As we review and validate these documents, I urge us to prioritise a justice system that encourages re-integration, the police is committed to work with all stakeholders.

    “The concept holds immense potential for nation legal frame work. It encompasses policy, practice direction and training manual of restorative justice.

    Mrs Leticia Ayoola-Daniels, Director of Administration of Criminal Justice and Reform Department noted that the ultimate goal is to have a justice system that not only punishes offenders but also heals communities and restores relationships.

    “The purpose is not merely a formality but a testament to our dedication to reforming our justice system to better serve our people.

    “Restorative Justice represents a paradigm shift from the traditional punitive approach to one that emphasizes healing, rehabilitation, and reconciliation.

    “It is relevant now more than ever as we face the challenges of recidivism, overcrowded correctional facilities, and lengthy prosecution processes’’.

    Ms Muchaneta Mundopa a representative of UNODC says the documents emphasise Nigeria’s dedication to the Sustainable Development Goals, particularly Goal 16, which focuses on peace, justice, and strong institutions.

    “UNODC believes that restorative justice can play a crucial role in achieving this goal by addressing the underlying causes of conflict and promoting a culture of dialogue and understanding within communities.

    “We recognise that adopting these documents is the first step in establishing a criminal justice system that provides an opportunity to all affected parties.

    “However, the true impact will be experienced through the implementation phase of restorative justice,’’ she added.

    She said that in line with the newly revised 2030 Strategic Vision for Nigeria, UNODC is proud and remains steadfastly committed to supporting Nigeria in this transformative journey. (NAN)
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  • Access to justice: bedrock of trust in legal institution – Solicitor General

    Access to justice: bedrock of trust in legal institution – Solicitor General

     

    Justice
    By Ebere Agozie

    Abuja, June 26, 2024 (NAN) Mrs Beatrice Jeddy-Agba, the Solicitor-General of the Federation says access to justice is the bedrock for trust in legal institutions.

    Jeddy-Agba said this while delivering a keynote address during the citizens engagement event tagged “Access to Justice” on Wednesday in Abuja.

    She was represented by Mrs Victoria Ojogbane, the Director of Planning, Research and Statistics of the ministry.

    She said the second quarter stakeholders’ engagement provides a unique and powerful platform to ensure that justice system is accessible.

    “Access to justice is the bedrock upon which trust in the legal institutions is built.

    “It is a fundamental right that must be upheld and protected as a cornerstone of a just, fair and equitable society.

    “It is also a critical pillar of democracy that ensures that all individuals, regardless of their socio-economic status have the opportunity to seek redress and the protection of their rights’’.

    She noted that the quarterly citizens and stakeholders engagement session was one of the 12 ministerial deliverables of President Ahmed Tinubu that aligned with the mandate of the ministry.

    “This deliverable is to communicate government’s activities to citizens and also serve as a feedback mechanism to government,’’ she added.

    Mrs Ndidi Ezinwa -Ukoha from the Legal Aid Council identified paucity of fund as a challenge citizens face in accessing justice, stressing that there is the need to address it.

    The News Agency of Nigeria reports that there was a breakout group discussion by participants which culminated into a robust interface and provision of solutions. (NAN)(www.nannews.ng)

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  • Solicitor-General tasks stakeholders on ending torture

    Solicitor-General tasks stakeholders on ending torture

     

    Collaboration
    By Ebere Agozie

    Abuja, June 26, 2024 (NAN) Mrs Beatrice Jeddy-Agba, the Solicitor-General of the Federation and has called on stakeholders to speak with one voice against all forms of torture in Nigeria.

    Jeddy-Agba  made the call  during the 2024 Commemoration of the International Day Against Victims of Torture organised by the Federal Ministry of Justice in conjunction with the National Human Rights Commission.

    NAN reports that the UN International Day in Support of Victims of Torture on June 26 marks the moment when the Convention came into effect in 1987. Since then, the international anti-torture framework has come a long way.

    The theme of the celebration is: “Voices Against Torture: A Call for Global Justice and Human Rights”.

    She acknowledged the tireless efforts of stakeholders who have made necessary sacrifices to ensure Nigeria complies with UN Convention Against Torture and other forms of Inhuman degrading treatment.

    She, however, stressed that stakeholders, both in the public and private sectors must speak with one voice against the perpetrators of torture, and for all who suffer at their hands, in order to build a better, more humane society for Nigerians.

    “Nigeria has continued to demonstrate its commitment to the ideals of respect for human rights, particularly the prevention of torture and other inhuman degrading treatment against citizens.

    “Today is designed to remind ourselves of the need to continue to prevent torture in Nigeria.

    “June 26 of every year is therefore an occasion to highlight our collective collaboration to the prohibition of torture and all forms of cruel, inhuman and degrading treatment.

    “It is also an opportunity to express solidarity with the sufferings of victims and their families, and to reaffirm the need for a global commitment to rehabilitate all victims of all such abuse’’.

    `We are committed to advocating, training and sensitising our law enforcement agencies, hospitals, psychiatric wards and other places of limited liberty, of the need to ensure respect for human rights.

    “I encourage our law enforcement agencies to continue to support measures aimed at combating torture in all their detention centers.

    “I solicit the support of our stakeholders and development partners to continue to give the necessary support aimed at rooting out torture and ensuring that Nigeria complies with its international obligations’’.

    Also speaking, Dr Tony Ojukwu, the Executive Secretary of the National Human Rights Commission said the event provides the platform to reflect on the plight of victims of torture and how to eliminate torture.

    “We must always speak against this abhorrent violation of human rights that has left protracted and profound scars on families, individuals, and communities.

    “This is another opportunity to call for the strengthening of national efforts and mechanisms towards preventing torture, cruel, inhuman and degrading treatment or punishment.

    “It is significant that Nigeria has taken active steps by being a party to core international and regional instruments that condemn this heinous violation of human rights and ensure that persons, irrespective of their circumstances, are treated with utmost dignity.

    “We must enhance support services, including medical care, psycho-social, and legal assistance to victims and survivors by establishing rehabilitation centers across the country provide the necessary care and support to survivors.

    “We call for the strict implementation of laws that prohibit torture and ensure that perpetrators are held accountable for their actions.

    “We must strengthen our legal frameworks to ensure comprehensive protection for all persons in Nigeria,’’ he added.

    NAN reports that on Dec. 10,  1984, the UN General Assembly adopted the convention against torture and other cruel, inhuman or degrading treatment or punishment.

    The UN International Day in Support of Victims of Torture on 26 June marks the moment when the Convention came into effect in 1987.

    Since then, the international anti-torture framework has come a long way.

    The absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment is now the object of legal consensus, recognised as a jus cogens norm.

    The entry into force of the Optional Protocol to the Convention in 2006 has given a new impetus to torture prevention, establishing a system of regular, independent visits by independent oversight bodies to places of detention as a critical safeguard against abuses.(NAN)(www.nannews.ng)

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  • Senior advocate wants Nigerian Law Reform Commission to do more  

    Senior advocate wants Nigerian Law Reform Commission to do more

    Reform

    By Ebere Agozie

    Abuja, June 9, 2024 (NAN) A Senior Advocate of Nigeria (SAN) Mr Mohammed Ndarani, says the Nigerian Law Reform Commission (NLRC) should be properly funded to deliver on its mandate.

    Ndarani said this in an interview with the News Agency of Nigeria (NAN) on Sunday in Abuja.

    He said that the commission should be  enabled to deliver on its mandate by constantly researching, reviewing, and reforming laws in the land.

    The NLRC has the responsibility to conduct research, take and keep under review, all federal laws, with a view to their systematic and progressive development and reform.

    It is mandated to do so in consonance with the prevailing norms of Nigerian society, to codify such laws, eliminate anomalies, repeal obsolete, spent, and unnecessary enactments, reform procedural laws in consonance with changes within the machinery of administration of justice.

    The Commission can also, among other means, perform its functions based on proposals for law reform made or referred to it by the Attorney-General of the Federation (AGF) or the National Assembly.

    It can also, by its own initiative, propose a programme for examination of different branches of law for reform, and submit same to the Attorney-General and the National Assembly.

    Ndarani said that the NLRC needed to be more proactive in addressing obsolete and outdated laws in the country.

    He noted that the presence of obsolete sections and aspects of the nation’s laws was one of the major problems bedevilling its economic progress and development.

    The senior advocate said that such laws do not have any practical relevance to the realities of today’s Nigeria but were still being relied upon as binding.

    “The presence of laws which are not in alignment with the laws in operation in the countries with which we do business would defeat the intendment of such operations as it would erode the basis for such activity,’ he added.

    According to him, such laws also erode and retard administration of justice based on the nature of their  prescriptions and fines imposed, when considered against present day realities.

    “Examples include Sections 210 (Witchcraft) and 370 (Bigamy) of the criminal Code Acts and criminal Code Laws of States.

    “Witchcraft Act stipulates that anyone caught practicing magic and witchcraft has committed an offence. The problem is how do you ascertain what is magic and witchcraft? No one has been tried and convicted of this offence till date.

    “Bigamy refers to the act of entering into a marriage with one person while still legally married to another.

    “It applies to both men and women, especially under the Matrimonial Causes Act. No one has been successfully prosecuted on this offence since the law was made.

    “The legality and validity of this law is put to serious question in the light of cultural and Islamic values which support marriage to more than one wife at the same time’’.

    He, however, noted that only Lagos State had decriminalised bigamy, which meant that it was no longer a crime in Lagos State to marry another woman/man, where there was an already existing valid statutory marriage.

    He said although NLRC was established in 1979 to reform in consonance with changes within the machinery of administration of justice, it had not been able to achieve much in relation to the mandate.

    Ndarani said that dependence on obsolete and outdated laws limited development of the country.

    “The exclusivity of the rights vested on the federal government is what has made several states lazy as they just wait to receive and share monies accruing to them from the federal allocation every month.

    “These laws make us bound to misguided policies of exploitation, frustrate import – export substitution, and diversification drives,” he said.

    According to him, obsolete maritime laws in the country also result in huge losses.

    He said that any law that does not reflect the realities of the present day, in science, technological development, cultural advancement should not be lavishly deployed.

    “This is one sure path to a better Nigeria and also a good path to pulling this country out of the woods,’’ the senior advocate said. (NAN) (www.nannews.ng)

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  • Effective justice delivery as pathway to economic growth, development

    Effective justice delivery as pathway to economic growth, development

    By Ebere Agozie, News Agency of Nigeria (NAN)

    Efficient justice delivery is central to the nation’s economic growth and development. Legal experts say justice is administration of what is just.

    This is done through impartial adjustment of conflicting claims or the assignment of merited rewards or punishments. Justice delayed is justice denied is a maxim that highlights the importance speed in justice delivery.

    The backlog of cases at different levels that overwhelm the justice delivery system, seems to hamper the principle of rule of law.

    Nigerians have not hidden their desire for holistic justice sector reform to restore public confidence and trust in the sector and the rule of law.

    The judicial system, therefore, experiences increasing demands for an improved institutional capacity to deliver effective justice.

    This demand presents a significant challenge as it reflects yawning gaps in the country’s capacity to deliver an efficient and responsive justice system to respond to the 21 century developments in the global justice system.

    The justice sector, which is supposed to be the last hope of the common man, is squeaking under the weight of a heavy caseload and myriads of problems.

    This perhaps, informed the decision of the Federal Ministry of Justice to organise a national summit on justice sector reform. It had as its theme “sitioning the Justice System: Constitutional, Statutory, and Operational Reforms for Access and Efficiency’’.

    Stakeholders at the summit agreed that effective justice delivery is central to the nation’s economic growth and development and the wellbeing of its citizens.

    They also agreed that a budding democracy depends heavily on the resolve of all stakeholders to commit to an efficient and robust judicial system.

    Speaking at the event, President Bola Tinubu underscored the urgency for leaders of justice sector institutions to prioritise comprehensive reforms.

    “I implore the nation’s judiciary to embark on reforms that would ensure a functional justice system that will support a rapidly growing economy, guarantee basic human and political rights of individuals, as well as provide security and justice to all Nigerians.

    “Much can be achieved when institutions of government, including the Executive, Legislature and Judiciary, unite to acknowledge their challenges and brainstorm with a view to proffering solutions to the problems bedeviling Nigeria’’, Tinubu said.

    Tinubu, who pledged that he will continue to be impartial and adhere to constitutional principles, outlined the preliminary measures he took in order to reposition the judiciary.

    “My administration made funding for the third arm of government a top priority, doubling it in the Renewed Hope budget 2024 by more than 100 per cent from last year’s budget.

    “My government has also made up the full complement of 21 Justices of the Supreme Court (JSCs) as required by law.

    “This is for the first time after many years, and approved a substantial increase in the salaries and emoluments of judges, which is currently undergoing legislative action.

    “I accordingly urge the leadership of all justice sector institutions to seek a new direction and focus on outcomes by creating a justice system that truly responds to the needs of our citizens”, he said.

    There is a nexus between the welfare of senior judicial officers and their ability to deliver justice in timely and fair manner as alluded to by the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola.

    , noted that Nigerians would suffer the consequences of injustice if judges are deprived of good salaries, allowances and official benefits and urges urgent steps to remedy the situation.

    “The situation of judges across Nigeria is like one in a critical condition in the ICU. The beam, the schedule to the beam would stabilise the patient.

    “The one captain in the appropriation door would have him moved from the ICU to the general ward.

    “When a patient is in that condition, you don’t start physiotherapy at the ICU. You make sure he is stabilised, move to the general ward, gain some strength, and then you now look at physiotherapy and all other therapies.

    “Do move quickly, move the patient out of the ICU to the general ward. Let us stabilise the patient, move him out of ICU and then we can talk about the rest later,” the CJN prescribed.

    Questions have been raised about the sincerity of those who hold in trust the rule of law in the country and their seeming nonchalant attitude towards justice delivery.

    There is also public concern about indiscipline at the Bar and on the Bench. Discipline or lack of it a significant contributor to the current situation in the nation’s justice sector..

    Corruption in the judicial system is spoken about in hush voices and some stakeholders said they will leave no stone unturned to ensure that judicial officers within their fold acted in accordance with the law.

    Benchers agreed that corruption has reached alarming proportions in the legal profession and that the practice permeates both the Inner and the Outer Bars.

    “It is commonly believed that my colleagues of the Inner Bar perpetrate and involve themselves in unwholesome practices with impunity.

    “I have challenged those I read and knew their authors on social media and I am waiting for proof on any of these allegations.

    “There is need for all of us to be conversant with the Rules of Professional Conduct at the Bar published in 2023 and that are fundamental provisions that are a complete departure from all the previous Rules.

    “The Body of Benchers will not fail in its duty to apply the Rules and enforce discipline no matter the status, position or rank of any legal practitioner involved’’, says Chief Adegboyega Awomolo, a Senior Advocate of Nigeria (SAN) and Chairman of the Body  Bencher.

    Awomolo said that attainment of national stability and development can only happen when the proper and the right instrumentalits of the law is enacted, faithfully implemented, obeyed and enforced.

    He said that law is only meaningful when it addresses the common goal of government of the people, by the people and for the people.

    He said that Nigeria has remained stagnated, poorly governed, and underdeveloped because of a deficit in the quality of governance by the people we elected into political offices, and those appointed into public offices.

    “The country’s problems include a dysfunctional socio-political structure, entrenched corruption, and an unproductive economy, hence, there is a dispute over whether or not Nigeria is a failed State.

    Corroborating Awomolo, another Senior Advocate of Nigeria Mr Chris Uche said sadly people of Nigeria have completely lost hope in the legal profession.

    He, therefore, called on his learned brothers to have a rethink and help the society.

    “The nation is almost dead. People have lost hope in this our profession, so we want to see how our gathering today will help to give us hope as lawyers.

    “It has always been said that the judiciary is the last hope of the common man, but in recent times in this country that has become very debatable”.

    He urged legal practitioners to use the law to build the society, to help the country, and to also help themselves. (NANFeatures)

    **If used please credit the writer and News Agency of Nigeria. 

  • Senior advocate lauds Tinubu for establishing evaluation standards for Ministers

    Senior advocate lauds Tinubu for establishing evaluation standards for Ministers

     

     

    Standard

    By Ebere Agozie

    Abuja, June 3, 2024 (NAN) A Senior Advocate of Nigeria (SAN) ,Mr Mohammed Ndarani , has commended President Bola Tinubu for establishing the evaluation standards for the assessment of his minsters.

    Ndarani said this in an interview with the News Agency of Nigeria on Monday while reacting to the recent event of presentation of ministerial scorecards demanded by President Bola Tinubu.

    He urged strict adherence to them for the good of their ministries, and also for the people of Nigeria as a whole.

    “It is only proper that to whom much is entrusted, much is expected, which means that these assessments would in addition keep political appointees on their toes.

    “Article 19[1]2 of the International Covenant on Civil and Political Rights provides a guide for the assessment of ministers and other federal appointees.

    “The assessment will help the public to also track the performances of these minsters and know when and how to hold them accountable’’.

    He recalled that Tinubu had instructed 47 ministers to present their performance scorecards ahead of his administration’s one-year in office.

    Ndarani also commended Tinubu for mandating no fewer than 140 officials to track and assess the performance of all federal ministries, departments, and agencies ahead of the first assessment exercise.

    He noted that although some ministers might have embarked on extensive media hype with little to show in real achievement, much might not have be heard of others, who may have performed well.

    “Sometimes, it is not the people that you hear of who are the performers in this country, so, nobody can evaluate any minister other than members of the public,’’ he stated.

    “They are the ones who would have felt the impact of the ministers’ actions, or the lack thereof’’.

    He equally urged the president to consider Section 14[1], 2[a] [c] of the constitution to serve as the foundation during the next ministers’ assessments.

    “Section 14[1], 2[a] [c] of the 1999 Constitution says, ‘(a) sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority; (c) the participation by the people in their government shall be ensured in it.

    “In the light of the above, it is desirable that citizens’ opinion and assessment is considered, in order to get an accurate rating of the ministers.

    “There should be modalities for the assessments, key performance indicators and the reporting mechanisms made available for the public to participate in the exercise’’.

    He said that while a few ministers have performed well, others are still learning on the job.

    Ndarani suggested that allowing only ministers to evaluate their own performance undermines the objectivity of the assessment as a minister cannot be the judge in his own case.

    “We know that sometimes highly placed public officers operate under serious constraints with several factors in play, which revolve around a paucity of funds.

    “Nonetheless, the ministers alone cannot be left to make their own assessments, as this would negate the principle of ‘Nemo judex in causa sua’, which simply says that one cannot be a judge in his own cause.

    “A scorecard where only the ministers assess themselves and score themselves might be a watered-down exercise which could raise questions as to the objectivity of the assessment.

    “There should be an avenue, a mechanism or a survey put in place where people can vote or voice their opinions on the performances of ministers, or public officers, generally.

    “Nigerians should be given a voice in the ministers’ assessments since this will improve the outcomes, and bring them into compliance with global best practices. (NAN)

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