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Nairaland Forum / Nairaland / General / Politics / Supreme Court Hearing Of Osun Governorship Election: Live Updates (39194 Views)
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Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by zoedew: 8:48pm On Jun 17, 2019 |
Johnnyessence: Now you get my point. If the SC overrules the preliminary objection is when the substantive appeal gets a look over. Where the SC upholds the preliminary objection that’s all there is to it. The Court Of Appeal decision is by necessary implication the position at law because there can be no lacunae i.e. vacuum. It’s all up to the SC. 2 Likes |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 8:49pm On Jun 17, 2019 |
zoedew:supreme court judges will start their ruling from the tribunal judgement till appeal court judgement. please let's be patient with the supreme court judges. you can't speak for them, it's the law that will speak for them. they will follow the law of the land and electoral a t amendment too. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 8:51pm On Jun 17, 2019 |
zoedew:yes it's over to supreme court of justice to decide on the case. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by zoedew: 8:53pm On Jun 17, 2019 |
Drbabalola: The Court these days are enjoined to embody the ruling on the preliminary objection in the judgment. It does not necessarily mean the preliminary objection has been dismissed. It is because the interest of justice is paramount. The court will do substantial justice not technical justice. However what you refer to as “technical issues like routine documentation” will be excused only where they are procedural in nature and not countenanced where they have to do with substantive law. My focus is not on misstatement of parties- small do that is! The real issue is the signature on the Notice Of Appeal and the name which refers to two different people. The law is that an action in court - in this instance an appeal- is competent only when it is brought in the manner prescribed by law: it MUST be signed by a legal practitioner or the party litigating. Thus a Notice Of Appeal like the one before the SC and under discussion will be held to be incompetent because what purports to be the signature belongs to two different people not one as required by the law - it need not be a signature- a name will suffice but that is not the case here. I can wager that they will not waste precious judicial time considering the substantive appeal because when all is said and done there is really none before the SC on the matter. Having so said it is conceded that the law is not 1+1=2. Rather, it lies in the breast of the noble law Lords of the SC. We hopefully should learn some more law on July the 5th, 2019! 1 Like |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by zoedew: 8:58pm On Jun 17, 2019 |
Johnnyessence: Another dimension to the case is that the happenings therein and its eventual outcome could disclose negligence on the part of Counsel. In this part of the world the Bar does not take such seriously. My primary school teacher told me that too many cooks spoil the broth! #toomuchmoney 1 Like |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 8:58pm On Jun 17, 2019 |
zoedew:please don't speak for the supreme court OK. let the supreme court judges decide on the case. now they are 7 panel members now. what the people want is justice on the case. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by 77up(m): 8:58pm On Jun 17, 2019 |
Jchi9876:as in that guy ehn , just pray that such people should not support you cox I fc they do , Na failure ooo 1 Like 1 Share |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 9:02pm On Jun 17, 2019 |
zoedew:let the supreme court judges decide on the case. It must however be note that as provided by section 139 (1) of the Act, “an election shall not be liable to be nullified/ invalidated by reason of non-compliance with the provisions of this Act if it appears to the Election Tribunal or Court that the election was conducted substantially in accordance with the principles of this Act and that the non-compliance did not affect substantially the result of the election.” A plain interpretation of the actual import of section 39 (1) of the Electoral Act (as amended) is, in my humble opinion, that an Election Tribunal clearly possesses the power to decide that: 1. Although the conduct of an election is not wholly/entirely in compliance with the Electoral Act, yet, the election is sufficiently valid to produce a winner on grounds that the conduct of the election has substantially complied with the Act. In other words, the Tribunal is entitled to decide that a portion of the election IS in compliance while the other portion IS NOT. Accordingly, where the Tribunal holds that the portion that is in compliance with the Electoral Act is substantial to produce a winner, the Tribunal can validly declare as winner, the personwith majority of the votes cast in the portion in which the Tribunal finds that the election was validly conducted. For this purpose, where the Tribunal in exercise of its powers under section 139(1) finds that a particular portion of the election or its conduct IS NOT in compliance with the Electoral Act, the Tribunal has the power to nullify the affected portion and thereafter determine whether the other portion, the SAVED, un-nullified portion, is sufficiently substantial to ground a declaration that a person has won the election. I think, respectfully, this is what the Osun State Governorship Election Tribunal did on 22 March 2019 when it foundin its wisdom (rightly or wrongly) that a certain portion of the conduct of the gubernatorial election in Osun State (specifically, the re- run portion of the election) had violated the law and as such was liable to be nullified with the consequence that all votes cast in the affected portion/areas be deducted from the total votes cast while the other portion (the areas not adversely affected) was now relied upon to determine the winner of the election. It is therefore clear, I submit, that an Election Tribunal possesses the power to cancel or deduct the votes cast in an election conducted in any area in violation of the Electoral Act. However, whether the Tribunal properly applied the powers to deduct votes in a cancelled area and whether the tribunal’s reasons for cancelling elections conducted in the area it cancelled is now a matter which depends of the facts of this case, and in respect of which the appellate Courts are in the best position resolve. 2. Even though the tribunal found that a portion of the areas/ conduct of the election did not comply with the provisions of the Electoral Act, and was therefore nullified, such nullified area and votes cast within the area which were deducted from the total votes cast as a result of such non-compliance “did not substantially affect the result of the election.” Accordingly, where the ‘illegal” votes cancelled/deducted as a result of partial non-compliance is not sufficient to “substantially adversely affect the result of the election, the tribunal is entitled to declare any person winner based on the un- affected, the un-cancelled, votes. Please, note that whenever the tribunal cancels and deducts the votes cast in elections conducted in a portion of the State in breach of the Act, the necessary implication is that the un- canceled portion would now be deemed to be the only valid votes for the purpose of application of section 140(3) of the Act. Respectfully, therefore, I think section 139(1) impliedly gives the Tribunal powers to cancel part of an election (found to be against law) and to declare a person winner based on the un- canceled part of the Tribunal finds that the votes secured in the un-canceled part substantially complied with the Electoral Act! Further, section 140 (3) of the Act empowers the Election Tribunal to declare as elected the candidate who scored the highest number of valid votes cast at the election conducted in the portion where no such cancellation as a result of illegality happened if it finds that the votes cast in the portion where conduct of electionsis held to have “satisfied the requirements of the Constitution and of this Act” were substantial enough to justify such a declaration.Besides, section 138(1) (c) provides as a ground for an election petition that the petitioner could be declared winner if the tribunal finds “that the respondent was not duly elected by majority of lawful votes cast at the election.” This is a clear indication that the Tribunal could declare some votes unlawful and invalid, and proceed to rely on the “lawful, valid votes” to determine the winner.” |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by zoedew: 9:03pm On Jun 17, 2019 |
Johnnyessence: And justice they will get! Do please remember to hit me up on 5/7/2019! 1 Like |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 9:07pm On Jun 17, 2019 |
77up:clueless hyprocrite, why are you following my comments on nairaland. it shows vividly that you are ignorant of what you are saying here. I have supported series of candidates here and they won their elections and cases in the court. God knows how many months that Apc has been ranting and playing their propanganda tactics on distinguished senator Ademola Adeleke on the eligibility case, at last he won the case in the appeal court against APC. Infact the judge even award 3m naira against APC party members that took him to court not to talk of governor seyi makinde that i have been clamoring for his governorship bid, in the end he won and now a 32 years old babcock graduate is now the 9th Assembly speaker of oyo state house of assembly. you are clueless hyprocrite here. keep it up ok. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 9:08pm On Jun 17, 2019 |
zoedew:yes, hit me up too. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Nobody: 9:12pm On Jun 17, 2019 |
Johnnyessence:Oh Thanks For That Useful Link. All I Grabbed Is That Ikpeazu Insisted That Inec Shouldn't Have Cancelled Some Results And Order Rerun While A.P.C Lawyers Were Arguing As If Election Did Hold Initially In The Polling Units Concerned. Two Conflicting Arguments. God Would Lead The Judges Aright. 1 Like |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 9:17pm On Jun 17, 2019 |
Drbabalola:Amen thanks for your reply. you can read more or consult more explanations on the electoral act amendment bill in order to clarify the appeal case of appellant and also the respondent too. thanks for your reply. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by 77up(m): 9:17pm On Jun 17, 2019 |
Johnnyessence:I swear I don't think I can ever have time to read your gibberish, you LL soon run away as usual. Na today you go create thread still run away from it , keep giving your lots false hope 1 Like 1 Share |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 9:20pm On Jun 17, 2019 |
77up:clueless hyprocrite can you please mention the thread i created and I run. you are clueless ignorant as expected. zombie that is seeking for nairaland attention. I won't give you here. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Alejobs: 10:27pm On Jun 17, 2019 |
A good deal can earn you a brother instead of just another customer |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by AlphaT1(m): 10:28pm On Jun 17, 2019 |
zoedew:I wasn't speaking particularly about this case, I was disputing your assertion that Supreme Court Justices don't take bribe. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by senatordave1(m): 10:44pm On Jun 17, 2019 |
zoedew:My barrister,you are too much.who are you? You are a future SAN if you are actually a lawyer.you really did justice to the suit and matter at hand objectively.please,i would like you to comment more on this forum when such legal issues arise.thank you for the legal and intellectual expose. As for johnny,ignore him.am used to him and his limited knowledge built in childish sentiments. 1 Like 1 Share |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by senatordave1(m): 10:51pm On Jun 17, 2019 |
Johnnyessence:Guy,you need to give it up.i told you sometime ago that you know nothing about law,that guy xoedew really exposed and rubbished you.adeleke may have eon but the tribunal and his lawyers have made mistakes that will deny him that. The supreme court has less than 20 judges with so much workload therefore they dont like wasting time on cases or matters.any suit before them must be 100 percent in order to make it easier for them.so when they see technical mistakes,they easily use that to throw out the cases to save themselves the stress. Now if you take a look at all the cases tanko has handled since he became cjn,most have been decided based on technicalities.i can cite instances if you want.again olanipekun is a master at taking advantage of such errors.the case is lost |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by zoedew: 10:57pm On Jun 17, 2019 |
senatordave1:I find this humbling. Thanks to you Sir for the compliment! 1 Like |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by zoedew: 11:00pm On Jun 17, 2019 |
AlphaT1: Going by their oath of Office they won’t take bribes. However, old habits they say, die hard! 1 Like |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by tuniski: 11:12pm On Jun 17, 2019 |
ABSTRUSE: Since May 24th. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 1:11am On Jun 18, 2019 |
senatordave1:your lies and propaganda will never hold any water, you can see it vividly that I replied him very well in his questions he asked. Dr. Ikpeazu did extremely well in yesterday supreme court hearing. you can see it vividly that I posted on your fallacies that never have any point here. it was a mistake which has been effectively corrected in the court. stop ranting here OK. let the supreme court judges judge on the case. 1 Like 2 Shares |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 1:15am On Jun 18, 2019 |
senatordave1:when you know that your fit isn't holding any ground then you will see where you will be shaking and ask for help. so far so good, Dr. Ikpeazu has done his in addressing the appeal with the laws that backed it and also electoral act amendment backed it too. you can see it vividly that preliminary objection challenging the suit will first be ruled before other rule will follow. keep on living in your deluded state of mind. it's part of you and your party Apc. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 2:28am On Jun 18, 2019 |
OSUN GUBER: 10 TAKEAWAYS FROM SUPREME COURT HEARING By Adebiyi Adebisi Supreme Court today spent about four hours devoted to the long drawn battle for Osun governorship.Chairing was the Chief Justice himself,Tanko Mohammed who alertedly coordinated the hearing ,enforcing rules and affirming the apex court readiness to do justice. As much as the final judgement is scheduled for July 5th,the public beyond political propaganda may want to peruse the following as the takeaways from the hearing: 1. CJN'S FRANKNESS Contrary to insinuations,the CJN demonstrated fairness, alertness and passion for adjudication with justice as the ultimate goal. Repeatedly,he affirmed: "We will read your briefs twice ,thrice and even more before we write our judgement. We will do justice". The insistence to follow substance rather than technicalities was clearly evident. 2. COUNSELS' STRATEGIES The counsels on both sides were at maximum alert.The respondents' lawyers adopted the strategy of dodging the issue, the substance of the case,opting for an exit strategy by picking for errors in the appealant's brief. Interestingly, the only one the counsel got on one of the four Appeals under consideration was a secondary error which does not touch the primary core of the appeal.The Appealant's counsels on the other hand combined combative corrective measures before the lord justices while maintaining the focus on the core grounds of the appeal; 3. CONSOLIDATION OF APPEALS The CJN directed consolidation of the four appeals into two even while allowing all issues to be mentioned and addressed.The main appeal and the cross appeal which was a constititional issue were adopted under dramatic setting.The more than 30 grounds canvassed by the Appealant were thus consolidated .The goal was to fast track the hearing and ease the writing of final judgement; 4. UNANSWERED MAIN APPEAL The appealant's counsel adopted the brief of the main appeal which was seeking upturning of Appeal Court judgement and seeking declaration of Ademola Adeleke as the governor of Osun state.Interestingly,neither APC nor INEC filed any brief on this. Both supported the brief filed by Gboyega Oyetola through his counsel ,Wole Olanipekun. 5. CROSS APPEAL SHOTS The appealant also adopted the brief for the cross appeal, positing that on constititional ground, Senator Ademola Adeleke should have been declared winner based on September 22 poll results by the INEC in compliance with Section 179. (2) of CFRN. They also Cited a Supreme Court judgement in the case of Buhari versus Obasanjo, where the Supreme court struck down the INEC manual on use of Card Readers as it conflicted with the Electoral Act. The appealant argued that any additional conditions for winning election not known to the constitution should be struck down by the apex court.The CJN and others took copious note during the presentations. 6. APPEALANTS' LEGAL ERUDITION Argument that September 22 outcome did not satisfy constitutional requirement of election being held in all parts of the state constituency was countered by appealant's counsel. The cancellation of seven polling units was described as an illegal act designed to rob the winner of September 22 victory through the holding of another illegal rerun on the 27th; 7.WEAK DEFENCE The Oyetola/APC team at the Supreme Court today failed to come up with ANY CREDIBLE defense against Sen Ademola Adeleke's solid grounds of Appeal to be declared legitimate Governor of Osun state having satisfied the requirements of Section 179 (2) of the Constitution of the Federal Republic of Nigeria. Instead of arguing the merits of the case,the respondent went wild with a Preliminary Objection based on an observed minor typo at the last page of the notice of Appeal as transmitted by the Appeal court, particularly page 4,027, where the counsels were listed as "Counsel to the Respondents" instead of "Counsel to the Appeallant". A very trivial and inconsequential typo. 8. CRITICAL LEGAL NOTE The Supreme Court ruled In JERIC NIGERIA LIMITED v. UNION BANK OF NIGERIA PLC (2000) 14 NWLR (pt.691), the Supreme Court per KALGO JSC at page 458 that quoted in part: "........ The error is as in my respectful view not fatal as to render the appeal incompetent. It is also true as submitted by the learned counsel for the respondent that this court has long moved away from sticking to technicalities as opposed, to the determination of parties rights on merits and substantial justice. See the State v. Gwonto (1983) 1 SCNLR at 160; Amako v. The state (1995) 6 NWLR (pt. 399) 11 at 26; Akpan v. The State (1992) 6 NWLR (pt. 248) 439. "I am therefore satisfied and hereby find that the putting in of the year *"1996 instead of “1997” in referring to the date of the judgment of the trial court appealed against to the Court of Appeal on the Notice of Appeal filed by the respondent, is a mere irregularity in the circumstances and did not vitiate the appeal or render the Court of Appeal incompetent to entertain the appeal".* 9. THE WEAK FOCUS The typo that respondent's counsels based their arguments on was so inconsequential that it did not affect them in their replies as they did not refer to it in any of their reply briefs, it also occurred in 1 out of 4 Appeals filed by Senator Adeleke's team of Counsels, there cannot therefore be any basis for concern or alarm. 10. CONCLUSION Judgement on the consolidated Appeals 553, 554 and 555 as well as the separate cross Appeal 556 were reserved till the 5th of July, 2019. Adebisi who was in Abuja is based at Ikoyi Lagos. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by 77up(m): 9:01am On Jun 18, 2019 |
Johnnyessence:Politics aside , I like your spirit, your loyalty, your zeal to see to the end of the matter . But , take it easy,politics as a dirty game don't worth all these, you are exhausting your energy on politics already, you can do better on other areas of life (sport,entertainment etc) because I can see politics is not your way, the failure is getting too much for you , don't you tire ? easy on yourself nigga ! |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by 9jahotblog: 10:08am On Jun 18, 2019 |
OSUN GUBER: 10 TAKEAWAYS FROM SUPREME COURT HEARING By Adebiyi Adebisi Supreme Court today spent about four hours devoted to the long drawn battle for Osun governorship.Chairing was the Chief Justice himself,Tanko Mohammed who alertedly coordinated the hearing ,enforcing rules and affirming the apex court readiness to do justice. As much as the final judgement is scheduled for July 5th,the public beyond political propaganda may want to peruse the following as the takeaways from the hearing: 1. CJN'S FRANKNESS Contrary to insinuations,the CJN demonstrated fairness, alertness and passion for adjudication with justice as the ultimate goal. Repeatedly,he affirmed: "We will read your briefs twice ,thrice and even more before we write our judgement. We will do justice". The insistence to follow substance rather than technicalities was clearly evident. 2. COUNSELS' STRATEGIES The counsels on both sides were at maximum alert.The respondents' lawyers adopted the strategy of dodging the issue, the substance of the case,opting for an exit strategy by picking for errors in the appealant's brief. Interestingly, the only one the counsel got on one of the four Appeals under consideration was a secondary error which does not touch the primary core of the appeal.The Appealant's counsels on the other hand combined combative corrective measures before the lord justices while maintaining the focus on the core grounds of the appeal; 3. CONSOLIDATION OF APPEALS The CJN directed consolidation of the four appeals into two even while allowing all issues to be mentioned and addressed.The main appeal and the cross appeal which was a constititional issue were adopted under dramatic setting.The more than 30 grounds canvassed by the Appealant were thus consolidated .The goal was to fast track the hearing and ease the writing of final judgement; 4. UNANSWERED MAIN APPEAL The appealant's counsel adopted the brief of the main appeal which was seeking upturning of Appeal Court judgement and seeking declaration of Ademola Adeleke as the governor of Osun state.Interestingly,neither APC nor INEC filed any brief on this. Both supported the brief filed by Gboyega Oyetola through his counsel ,Wole Olanipekun. 5. CROSS APPEAL SHOTS The appealant also adopted the brief for the cross appeal, positing that on constititional ground, Senator Ademola Adeleke should have been declared winner based on September 22 poll results by the INEC in compliance with Section 179. (2) of CFRN. They also Cited a Supreme Court judgement in the case of Buhari versus Obasanjo, where the Supreme court struck down the INEC manual on use of Card Readers as it conflicted with the Electoral Act. The appealant argued that any additional conditions for winning election not known to the constitution should be struck down by the apex court.The CJN and others took copious note during the presentations. 6. APPEALANTS' LEGAL ERUDITION Argument that September 22 outcome did not satisfy constitutional requirement of election being held in all parts of the state constituency was countered by appealant's counsel. The cancellation of seven polling units was described as an illegal act designed to rob the winner of September 22 victory through the holding of another illegal rerun on the 27th; 7.WEAK DEFENCE The Oyetola/APC team at the Supreme Court today failed to come up with ANY CREDIBLE defense against Sen Ademola Adeleke's solid grounds of Appeal to be declared legitimate Governor of Osun state having satisfied the requirements of Section 179 (2) of the Constitution of the Federal Republic of Nigeria. Instead of arguing the merits of the case,the respondent went wild with a Preliminary Objection based on an observed minor typo at the last page of the notice of Appeal as transmitted by the Appeal court, particularly page 4,027, where the counsels were listed as "Counsel to the Respondents" instead of "Counsel to the Appeallant". A very trivial and inconsequential typo. 8. CRITICAL LEGAL NOTE The Supreme Court ruled In JERIC NIGERIA LIMITED v. UNION BANK OF NIGERIA PLC (2000) 14 NWLR (pt.691), the Supreme Court per KALGO JSC at page 458 that quoted in part: "........ The error is as in my respectful view not fatal as to render the appeal incompetent. It is also true as submitted by the learned counsel for the respondent that this court has long moved away from sticking to technicalities as opposed, to the determination of parties rights on merits and substantial justice. See the State v. Gwonto (1983) 1 SCNLR at 160; Amako v. The state (1995) 6 NWLR (pt. 399) 11 at 26; Akpan v. The State (1992) 6 NWLR (pt. 248) 439. "I am therefore satisfied and hereby find that the putting in of the year *"1996 instead of “1997” in referring to the date of the judgment of the trial court appealed against to the Court of Appeal on the Notice of Appeal filed by the respondent, is a mere irregularity in the circumstances and did not vitiate the appeal or render the Court of Appeal incompetent to entertain the appeal".* 9. THE WEAK FOCUS The typo that respondent's counsels based their arguments on was so inconsequential that it did not affect them in their replies as they did not refer to it in any of their reply briefs, it also occurred in 1 out of 4 Appeals filed by Senator Adeleke's team of Counsels, there cannot therefore be any basis for concern or alarm. 10. CONCLUSION Judgement on the consolidated Appeals 553, 554 and 555 as well as the separate cross Appeal 556 were reserved till the 5th of July, 2019. Adebisi who was in Abuja is based at Ikoyi Lagos. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by Johnnyessence(m): 11:42am On Jun 18, 2019 |
77up:that's why you keep on living in your deluded state of mind. you have been brainwashed by the clueless tyrant in aso rock. that's why your ignorance is beyond redemption. it's not of your business in whoever the candidates I'm supporting. the likes of seyi makinde, matawalle, Ademola Adeleke ET AL have been winning their cases in the court of justice. but you have been brainwashed by the propagandists in Apc party. keep on living in your deluded state of mind. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by 77up(m): 3:02pm On Jun 18, 2019 |
Johnnyessence:lolz but in actual sense, the deluded one here is nobody but you, keep it up , Las Las you LL get sense. |
Re: Supreme Court Hearing Of Osun Governorship Election: Live Updates by slivertongue: 10:53am On Jul 05, 2019 |
i knew d acting cjn was up to no gud when i saw d names of justices to hear d case. adeleke should luk forward 2d future |
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