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Activists commend court over gubernatorial dispute

Activists commend court over gubernatorial dispute

The ongoing fight over the Sokoto State
governorship is a crucial trial in Nigeria’s journey to true democracy,
good governance, international respect, and real development, a
non-governmental organisation, Conscience Nigeria, has said.

Tosin Adeyanju, executive director of
the organisation, said that for the first time in Nigeria’s national
history, the Chief Justice of Nigeria (CJN) is firmly stepping into an
electoral judicial battle through the National Judicial Council (NJC).

The CJN’s action came after state
governor, Aliyu Wamakko of the Peoples’ Democratic Party (PDP),
petitioned the NJC over how the panel of justices of the Appeal Court
handled the case involving a petition brought by his opponent, Maigari
Dingyadi of the Democratic Peoples’ Party (DPP), challenging his
participation and victory at the May 24th, 2008 gubernatorial re-run
election.

Mr. Adeyanju commended the
incorruptibility of the Nigerian judiciary, saying that it is integral
to finding a way to manage the ‘bad loser’ habit of Nigerian
politicians.

“Were this integrity to be mortgaged
for even one second, the greed and selfishness of Nigerian politicians
will actually impede our hard-won democracy with senseless impunity,”
he said.

Stretched system

He noted that the
people of Sokoto State were very clear-minded and resolute in choosing
their governor. When Mr. Wamakko, Mr. Dingyadi, and other gubernatorial
aspirants presented themselves before the Sokoto electorate on 14th
April, 2007, the electorate chose Mr. Wamakko with conviction, said Mr.
Adeyanju.

When, by the order
of the Kaduna Court of Appeal, the candidates again presented
themselves before the Sokoto electorate on 24th May, 2008, Mr. Wamakko
was chosen again.

Mr. Adeyanju
accused Mr. Dingyadi of trying to get through the courts what he could
not persuade the Sokoto electorate to give him – and to get it on the
grounds of a false technicality.

After the 2007
election, Mr. Dingyadi complained on several grounds to the Election
Petition Tribunal. However, the tribunal turned down his claims and Mr.
Dingyadi proceeded to the Kaduna Appeal Court, which nullified the
April 2007 election and ordered a re-run election in May 2008. However,
during the May 2008 re-run election, Mr. Dingyadi again took Mr.
Wamakko to court, claiming that the order of the Appeal Court barred
Mr. Wamakko from contesting. Mr. Dingyadi ultimately lost to Mr.
Wamakko.

“Wamakko’s recent
petition to the National Judicial Council (NJC), alleging the possible
compromise of the Justices of the Appeal Court and the furore that
followed it, suggests that the system is now being stretched beyond its
elastic limits,” said Mr. Adeyanju.

The organisation also condemned the president of the Nigerian Bar
Association (NBA), Oluwarotimi O. Akeredolu, for appearing to take
sides in the matter and called on the president of the Court of Appeal
to reconstitute the Sokoto Appeal Tribunal, filling it with “men and
women of unquestionable character,” so that justice can be served to
all parties concerned.

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‘Power is transient’

‘Power is transient’

The Speaker of the
House of Representatives, Dimeji Bankole, yesterday called on all those
in positions of authority, including himself, to see power as transient
and something that should not get to one’s head.

Mr. Bankole stated
this at a church Service held at St James African Church, Idi-Ape,
Abeokuta, Ogun State Capital where he worshiped as part of Easter
celebration.

In his goodwill
message at the service, the lawmaker said all political office holders
in the country, both elected and appointed, should not be confused with
the position they hold.

“Those of us in
position of authority should know that it is transient, we should not
confuse ourselves with that position,” he said. “My name is Dimeji
Bankole, Speakership is a Nigerian post, so when the time comes I will
leave. Position is just for a while.”

He said he never
prayed to die in the position he holds currently; but he appealed to
the people not to interfere with his tenure as the Speaker of the House.

“People should not interfere, they should just allow me to finish as the Speaker, they should not interfere,” he said.

Humble leaders

Provost of the
church, Peter Ogunmuyiwa, advised people in positions of authority in
Nigeria to humble themselves and not to hold on to power unnecessarily.

The cleric, in his
Easter sermon, urged political office holders not to misuse their
positions and advised Nigerian leaders on the need to emulate Jesus
Christ by being humble.

Mr. Ogunmuyiwa
recalled that it was difficult for those who came to arrest Jesus in
the Bible because they could not distinguish between him and his
disciple.

“How many of you who are in position of authority today will emulate
Jesus Christ by being humble? Most of you, because you want to be seen
as the boss,” the cleric said. “So, you are overpowered by the position
but you have forgotten that God has the power to remove you from that.”

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Two docked for forging motor registration documents

Two docked for forging motor registration documents

The police on
Monday arraigned two men for allegedly forging Central Motor Licensing
Registry documents and impersonating an authorised motor licensing
agent.

Ndukwu Nnamdi (45)
and Essien Udoh (27) are standing trial before an Igbosere Magistrate’s
Court in Lagos on a three-count charge of criminal conspiracy, forgery
and stealing.

The prosecutor,
Stanley Iwok, an assistant superintendent of police, told the court
that the accused on March 7, at about noon in Apapa, Lagos, conspired
together and committed the offence.

“The accused on the
said date conspired and forged Central Motor Registry documents (Change
of Ownership) and other related ones. The accused persons also
impersonated and paraded themselves to be authorised motor licensing
agents of Apapa Motor Licensing office,” he said.

Mr. Iwok added that
the accused persons also stole the sum of N8,000 from one Josephat
Ikwuneme of No. 18 Olojowon street, Badia, Lagos. He said the offences
were punishable under Sections 516 (A), 467 and 390 (9) of the Criminal
Code, Laws of Lagos State, 2003.

The accused, however, pleaded not guilty to the charges.

The Magistrate,
O.I. Oguntade, granted each of the accused bail in the sum of N50,000
with two sureties each in like sum. She adjourned the case till May 5,
for further hearing.

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VEXED IN THE CITY: The face off

VEXED IN THE CITY: The face off

From the stables of
the Alliance of Retrogressive Politicians comes the latest sequel in
this blockbuster joke of a movie. Starring the regulars: Governor of
Lagos State, Babatunde Fashola, loved by residents of Lagos, despised
by others; The Lagos State House of Assembly, a group more interested
in pointing the finger and ensuring every other finger points in every
other direction but theirs; and of course the not-so-phantom group
tagged True Face of Lagos. In the first instalment, the True Face had
no face. In the second, a face suddenly emerged. In the third, the
state assembly hid behind the face, but was squashed by the arm of the
law. Now, the honourables appear to have assumed full facial features
of the True Face.

Warning:

The following scenes contain alarming doses of things not good for your sanity. Read on at your own peril.

Present Day:

March 30, 2010, the
Lagos State house of assembly was once again agog with excitement,
rumblings and a host of other activities like children whose toys,
earlier seized by an adult for their unruliness, had suddenly been
returned. You could see the faces of the honourables light up with the
presentation of the latest in petitions by the renowned group tagged
True Face of Lagos. The new petition contained many of the previous
allegations plus a few new ideas to add a twist to the tale (I mean
petition). After a brief silence, suggesting awe, the kind experienced
by “Z” after arriving in “Insectopia”, one of the bigger children spoke
up, “I don’t know what is in the mind of this True Face of Lagos but I
can see a determination in them. We are running towards election period
and our party’s determination to change Lagos is at stake. I don’t know
how Lagosians will feel about it but don’t you think we need to clean
ourselves of (the allegations)?”

I’ll tell him “what
is in the mind of” Lagosians: We would very much appreciate a
legislative arm of government that is determined to carry out their
functions of checking the executive and guarding against excessive acts
on the part of the governor, not a bunch of people more concerned with
what we think of them now that they are “running towards election
period.” That said, some might wonder how we made it to this point in
the first place. For this part of the movie, a flashback would be
necessary.

January 28, 2010:

It was another day
in the lives of citizens of the country. Many, however, wondered what
intrigue the day held as everyday in the country seemed to hold some
drama in store. They didn’t have to wait for long to find out for
splashed conspicuously in a national daily was an advertorial, alleging
mega corruption in the Lagos State government, and indicting the
executive governor and members of the house of assembly. In a swift
reaction to their ordeal, “Delta Force” style, the honourables swung
into action setting up an ad-hoc committee of six members to
investigate allegations of misappropriation levelled against the state
governor. Lest I forget, I should also mention that the group also
claimed members of the Lagos Sate House of Assembly were given the sum
of N20m each.

Without recourse to
any standard political process, the house proceeds to investigate the
governor. The actions however, seemed more like an attempt at saving
face. How successful was this investigation? What did it turn up? For
answers to these questions, we shall need to speed things up a little
and move on to the future.

March 16, 2010:

The Lagos State
House of Assembly was told to put a sock in it. A court order
restrained it from proceeding with its resolution to investigate
alleged impropriety levied against the executive and legislative arms
of government. Baffling to the presiding judge was how the House
decided to set up a committee to investigate allegations from an
unknown body. Also, he wondered – and I do as well – if the House will
expend tax payers money to set up another committee based on any other
advertorial from a faceless body.

Back to present day:

The antics of the
House of Assembly and the so-called True Face of Lagos is reminiscent
of the technical prowess of a Shuaibu Amodu – absolutely tactless. The
True Face of Lagos seems to have on another face, one very willing to
face its agenda, whatever they may be. It is very evident the last has
not been heard of this debacle. And the anticipation grows as we await
the next sequence in the series. And, just as an afterthought, I’m
wondering if there is another face beneath these faces.

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Presidency orders probe of security breach

Presidency orders probe of security breach

The presidency on
Thursday directed that an investigation be promptly carried out to
ascertain the circumstances that led to the breach of security at the
Margaret Ekpo Airport in Calabar, carried out on Wednesday by the
driver of a commercial taxi.

The senior special
adviser to the president on aviation, Shehu Usman Iyal, said all
necessary security bodies are already briefing the National Security
Adviser (NSA), Aliyu Gusau, on the matter and maximum penalty will be
meted out to anyone involved in causing the nation such an embarrassing
incident.

“Appalled by the
obvious and unfortunate security breach at the Margaret Ekpo
International |Airport yesterday, the presidency through the office of
the National Security Adviser (NSA) has directed that detailed
investigations be promptly carried out to unravel the
circumstances/factors that led to the very unusual venturing of a lone
driver onto the otherwise secured tarmac of the Calabar Airport to ram
into an Abuja bound Arik Aircraft at the Calabar Airport,” Mr. Iyal
said in a statement on Thursday.

“Requisite agencies
and airport authorities are already briefing the NSA on this very
condemnable breach at the Calabar airport. The presidency is assuring
that maximum penalty shall be meted out to concerned persons or airport
authorities if any form of dereliction of duty is established as a
causative factor in the very embarrassing Calabar airport incident.”

Mr, Iyal also said
the federal government would like to assure air travellers that the
nation’s security agencies ‘are working virtually round the clock to
keep our airports safe and secured.

“The Calabar
incident is indeed a reminder that in spite of our efforts, a lot more
needs to be done on improving security as per International Civil
Aviation Organisation (ICAO) standard and recommended practices (SARPs)
in all the airports in the country,” he said.

Desperate driver

On Wednesday, a
rickety salon car, painted blue and white, the official colour pattern
of registered taxis in Calabar, ran into an aircraft belonging to Arik
Air just as the aircraft’s doors were being shut.

A man, who claimed
that he is Jesus Christ, emerged from the car after the collision and
declared that he had made the desperate move to save the aircraft from
an impending crash.

The man, who
carried a huge bible and a huge cross, had said he was trying to save
the aircraft, a Boeing 737 700, and the passengers departing Calabar
for Abuja.

The man was promptly arrested by airport officials. There were no injuries from the incident.

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Bayelsa officials get bail

Bayelsa officials get bail

A
Federal High Court sitting in Abuja, yesterday granted bail to Bayelsa
State’s Accountant General, Francis Okokuro, the Director of Treasury
in Government House, Abbot T. Clinton, and Director of Finance, Ikobho
Anthony Howells, over their alleged complicity in stealing N2.5 billion
belonging to the state government.

Presiding judge,
Daniel Okorowo, in his ruling on the bail application, held that the
offences for which the three accused persons are standing trial are
bailable and that granting of bail is subject to the discretion of the
court.

He further said
that to deny the accused persons bail at this stage would amount to
breaching the doctrine of presumption of innocence enshrined in the
country’s 1999 constitution.

To qualify for the
bail, the accused have to deposit N100million each in bail bond;
provide one surety each who must be an assistant director in the
Federal Civil Service with ownership of a landed property in Abuja. The
accused persons and their sureties are also to deposit two passport
photographs each, as well as their international passports to the court.

He ordered the
court’s Deputy Chief Registrar to verify the Certificate of Occupancy
deposited by the sureties, while the counsel to the accused is to write
a letter introducing the sureties to the Judge.

The men were
arraigned last week on a six-count charge of criminal conversion of
N2.5 billion public funds, to which the trio pleaded not guilty. The
court remanded them in prison custody, pending a decision on their bail
requests.

Illegal acts

In charge No.
FHC/ABJ/CS/55/2010 prepared by the commission’s chief legal officer,
Sylvanus Tahir, and filed by prosecution counsel Festus Keyamo, three
of the quartet were listed as accused persons, while the State
Commissioner of Finance, Charles Sylva Osuala, was said to be on the
run.

The commission had
also secured an order of the court to keep the three people in its
custody for two weeks. The men were arrested last week in Yenagoa and
moved to Abuja.

The charge reads, in part, that “you, Francis Okokuro, Abbot T.
Clinton, Ikobho Anthony Howells, and Charles Sylva Osuala (now at
large) sometime between October 2009 and February 2010, at various
places in Nigeria, including Abuja, within the jurisdiction of the
Federal High Court, did conspire to commit a crime; to wit: conversion
of properties and resources amounting to N2billion, belonging to
Bayelsa State government and derived from an illegal act, with the aim
of concealing the illicit origin of the said amount and you thereby
committed an offence contrary to Section 17(a) of the Money Laundering
(Prohibition Act), 2004 and punishable under Section 14(1) of the same
Act.”

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Lagos NBA asks to join Magistrates Court suit

Lagos NBA asks to join Magistrates Court suit

The
Lagos branch of the Nigerian Bar Association (NBA), has asked to be
joined as a party in the suit instituted by Jiti Ogunye, a Lagos based
lawyer, challenging the legality of the Magistrates’ Court Rule 2009.

The association
frowned at the suspension of the 2009 magistrates’ court law by Aishat
Opesanwo, a judge, stating that same could have been amended instead of
suspended.

According to the
chairman of the association’s Lagos branch, Chijioke Okoli, there is no
perfect law in the world, for which reason it is better to amend the
law where necessary rather that asking for its nullification.

“It is only the
Bible that cannot be amended; once a law is made it can be amended,”
Mr. Okoli said. “We are disturbed by the order made by the court
suspending the law. You don’t have to be (a) lawyer to know that you
cannot have two laws in operation at the same time. The 2003 Magistrate
Court Law, which the court ordered should replace the new law has to
the best of my knowledge seized to exist. I do not think that by an
interim order it can be resurrected.”

Suspension of controversial law

Ms. Opesanwo had on
March 24, 2010 ruled on an oral application by the counsel to the
claimant, Gbemiga Ogunleye, asking for an interim order restraining
parties in the suit from taking any action pending the hearing of the
substantive application.

She held that, in
the interest of justice, parties should maintain status quo pending the
hearing of the substantive suit. She also suspended the usage of the
2009 rule and held that the 2003 rule should be operative pending the
determination of the suit.

“There are serious
constitutional issues raised in the new Magistrate Law. The interest of
justice and fair hearing demands that parties should maintain status
quo, meanwhile the operating law shall be the MSCL (Magistrates’ Court
Law) of 2003.”

She then adjourned the suit to April 19, 2010 for mention.

Consequent upon the
order of the court suspending the law, the association through its
counsel, Theodore Ezeobi, filed a Motion on Notice brought pursuant to
Order 13 Rule 16 and 39 of the Lagos High Court Civil Procedure Rule
2004 praying the court to join it as a co-defendant in the suit.

Represented by five
members of the association; Olufemi Daramola, Olasupo Olajide, Bob
Ijioma, Amaka Aneke and Phil Omorodion, the NBA maintained that the
nullification of the Magistrate Court Law affects the interest of its
members.

In a 12- paragraph
affidavit in support of the Motion deposed to by Mr. Ijioma, the
Association stated that on March 8, 2010 during the monthly meetings of
the bar, a resolution was passed that the NBA Lagos branch should be
joined as defendant in the suit.

The affidavit
stated that the NBA Lagos branch was consulted in the making of the
contentious Magistrate Court Law; it further held that the suspension
of the law has affected over 6,000 of its members that are practicing
in the Magistrate Courts.

Besides, they said,
the Magistrate Court Law which the claimant sought to nullify has made
attractive options available for lawyers in Lagos State.

It also stated that
the orders sought by the claimant would radically and negatively affect
millions of their clients hence the need to join them as party in the
suit.

AG appeals suspension

The Attorney
General and Commissioner for Justice in Lagos state, Olasupo Shasore,
has also appealed against the suspension of the Magistrate Court Law,
2009.

In the Notice of
Appeal filed by the lawyer to the ministry, Charles Uwensuyi asking the
Court of Appeal, Lagos Division for an order setting aside the order of
the lower court suspending the operation of the law.

The appellant is
also asking for an order directing the Chief Judge of Lagos State,
Inumidun Akande, to re-assign the case to another judge for hearing and
determination.

The appellant
stated in his grounds of appeal that the trial judge erred in law when
she granted an order upon an oral application by the claimant and
suspended a law validly made by the Lagos State House of Assembly
without first testing the validity of the suit.

It also added that the trial judge misdirected herself when she
exercised her discretion to suspend, by an interim order, a law validly
passed under Section 100 of the Constitution by the Lagos State
government.

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Keep the faith, leaders tell Nigerians

Keep the faith, leaders tell Nigerians

Acting President,
Goodluck Ebele Jonathan, has urged Nigerians to serve God and humanity
selflessly, while promoting unity and peace across the country.

In his goodwill
message to the nation at Easter, Mr Jonathan asked Nigerians to pursue
reconciliation and forgiveness, put the past behind them and forge
ahead towards a bright new dawn.

“We must dedicate
ourselves to the service of our country, continuing in love for one
another even as Christ loved us. We must resolve to do what is right at
all times, and uphold the virtues that strengthen our bond as a nation”.

He therefore urged
Nigerians to use the period for spiritual rejuvenation, and rededicate
themselves to the service of God and humanity.

The president of
the Senate, David Mark, on Thursday urged Nigerians not to allow recent
challenges to shake their faith and loyalty to the country.

Rather than lose
faith, Mr. Mark said, Nigerians should renew their faith in one
indivisible and indissoluble corporate existence of Nigeria and work
towards making the country a great place.

In a goodwill
message to Nigerians to mark this year’s Easter celebration, Mr. Mark
said the challenges facing the nation especially the outbreak of
fresh ethno-religious conflicts in some parts of Nigeria were
surmountable. He expressed optimism that Nigerians can always overcome
any challenge and resolve their differences amicably.

“All we need is
sincerity of purpose and commitment to brotherhood,” Mr. Mark said,
reiterating the need for religious leaders to preach tolerance, love,
piety and peaceful co-existence as an antidote to the incessant crises.

Actualising its
mandate He said the National Assembly will be alive to its
constitutional duties by laying a solid framework for the government to
actualise its mandate to the people.

“The passage of the
amendment of the 1999 Constitution and the electoral reform bill are
clear manifestations that the Senate is making progress in the interest
of the nation,” he said. “We are very confident that the forthcoming
general elections in 2011 would benefit from the constitution amendment
and the electoral reform bill so that those encumbrances that
bedevilled the system in the past would not resurface.” Play by the
rules Mr. Mark also advised had some advice for politicians. “It is
only then that all parties would feel assured and comfortable with the
outcome of elections,” he said. ““It is when we all operate within the
ambits of the law that our democracy will be strengthened where human
rights and sustainable development would be guaranteed.” The Senate
president expressed the confidence that the present leadership at the
executive and legislative arms of government have demonstrated
political will and readiness to get it right this time and urged the
citizenry to demonstrate loyalty and cooperation with the government in
the task ahead.

“Nobody will come from the space to develop our country for us,” he said.

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Ondo approves N866m for former council officials

Ondo approves N866m for former council officials

The Ondo State executive council has
approved a sum of N866 million for the payment of statutory
entitlements of former political office holders who served between 1999
and 2007 at the local government level in the state.

The state’s commissioner for
Information, Ranti Akerele, who disclosed this to reporters, said the
payment exercise would not be based on party affiliations and will be
done instalmentally for all former political office holders in the 18
local government.

“The political office holders that will
benefit from the exercise were specified to be paid severance allowance
by the Revenue Allocation Mobilisation and Fiscal Allocation Committee
(RAMFAC),” he said.

“The payment will be made to all
concerned officers irrespective of the party affiliation, whether you
are in Alliance for Democracy or Peoples Democratic Party, you are
going to benefit from the payment without discrimination.

The Commissioner for Special Duties, Niran Sule Akinsuyi confirmed the sum.

Mr. Akinsuyi, who also supervises the
Ministry of Local Government and Chieftaincy Affairs, said those
entitled to the payment, according to stipulation of the RAMFAC,
include the Chairman, Vice Chairman, leader of the council and
councillors.

Close the gap

Mr. Akinsuyi said the instalmental
payment of the benefits would be made in such a way that the gap
between the first payment and the next would not be wide to ensure that
the beneficiaries make meaningful use of the money paid to them.

“The payment would be made to start within the next two weeks,” he said.

The issue of payment of the severance
allowance of former political office holders at the local government
level had always been a source of friction in the state as this has
always been handled with levity by successive governments.

Past officials have complained of unpaid benefits; but the affected
local councils have complained of a lack of money to make the payment.

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Jonathan warns Ghadaffi over comments on Nigeria

Jonathan warns Ghadaffi over comments on Nigeria

Acting president, Goodluck Jonathan on Wednesday in Abuja warned
African leaders to be diplomatic when making statements about other nations.

He said this while receiving the Liberian President, Ellen
Johnson-Sirleaf who was visiting to broker peace between Nigeria and Libya over
statements by the Libyan leader, Muammar Ghaddafi that Nigeria should break up.

Mrs. Johnson-Sirleaf was received at the presidential villa at
about 5pm yesterday by Mr. Jonathan and his protocol team, aides as well the
National Security Adviser, Aliyu Gusau and the Secretary to the government of
the Federation, Yayale Ahmed. She came with a special envoy from the Libyan
government which was led by Muhammed Sherif, Secretary General of World Islamic
Call Society based in Tripoli. Others present were Rafa Al-Madani, the
executive secretary of Forum for Arab-African Non Governmental Organisation and
three Embassy staff in Nigeria.

Speaking to journalists after the closed door meeting between
both presidents and their aides, Ima Niboro, the special adviser to the acting
president on media, said the meeting was to create a rapport between the two
countries and to mend fences.

“It is actually an initiative on her part to broker
rapprochement between Nigeria and Libya; so she came with two special envoys
from the president of Libya, President Ghadaffi and the purpose of the meeting
basically is to establish the level of rapport so that the two nations can put
behind them the recent statement that has been made and move forward. So it is
a process that has been initiated and it is continuing and, God willing, we
will see it to the end,” he said.

When asked if Nigeria is actually ready to mend fences, Mr.
Niboro said: “the acting president made it clear that all leaders should be
diplomatic in their comments about other nations, that there are certain kinds
of statement that you can make that can substantially ruffle feathers in other
nations. So he actually said that there should be an effort from all other
leaders to be a little circumspect over the affairs of other nations.”

The peace process, he said, is brokered by the president of Liberia ‘to
reinstate African unity, and to move ahead.’ “The Liberian president is worried
about the statements that the Libyan president made and their potential effect
on African unity and that is why she came and has made this commendable effort
to broker this peace,” he said.

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