Aminu Gamawa

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SPEECH OF ANTHONY IDIGBE SAN, CHAIRMAN NBA LEGAL PROFESSION REGULATION REVIEW COMMITTEE ON THE OCCASION OF THE INAUGURAL MEETING AND 1ST PLENARY SESSION 


Protocol

The President, NBA, Abubakar B. Mahmoud, SAN

Secretary General NBA, Abiola Olagunju

Members of the NBA LPRRC

Learned Senior Advocates

Learned Professors & Judges

NBA Directorate

Members of the Press

Distinguished Ladies & Gentlemen

On behalf of the members of the NBA Legal Profession Regulation Review Committee, I thank the President of the NBA, Abubakar B Mahmoud SAN for constituting this very important Committee and for the privilege given to us to serve on the Committee.

Mr President, in your lecture at the 32nd Convocation Ceremonies of Bayero University delivered on Friday 22nd April, 2016 and appropriately titled, ‘Business as usual or Business unusual: The Future of the Legal Profession and Democratic Development in Nigeria’, you said as follows after exhaustive review of history of the legal profession in Nigeria, ‘…the legal system and the legal profession have a crucial role to play in setting the stage for the next phase of our journey to democracy and development. In the pre-colonial era and under military rule, the legal profession played important roles in liberating us from colonial subjugation and freeing us from military tyranny and dictatorship. The challenge of the new era is different. It is of guaranteeing the right to development for our citizens. It is about building institutions, systems and processes that guarantee good governance and balanced sustainable development. It is about enthroning the rule of law, ensuring protection of the rights of all citizens to pursue their endeavours in an atmosphere of peace and harmony. In a complex, multi-ethnic, multi-religious divergent society like ours, this is by no means an easy task. But that is where the knowledge, skills and capacity of the legal profession working with other stakeholders and groups and the citizens generally needs to be called up and mobilized’.

You said further, ‘My postulation is that the legal profession must first reform itself. At this stage, let me separate the legal profession into at least two of its main component parts: the Bar under the aegis of the Nigerian Bar Association and the Judiciary. The Bar, I will argue, has received a lot of battering in recent times. Its public perception is probably at its lowest ebb. It is no longer the prestigious profession held in awe by the public. The reasons for this are obvious. The quality of training, level of professionalism and high ethical values for which the profession was usually associated appear to have weakened considerably. Consequently, the quality of justice administered has also dwindled’.

Now as President of the Nigerian Bar Association you have the opportunity to pursue your agenda for reform of the legal profession leading among other initiatives to the constitution and inauguration today of this Committee. According to a quote by R. Buckminster Fuller, an American architect, inventor and author, ‘You never change things by fighting existing reality. To change something, build a new model that makes the existing model obsolete ‘. Therefore, Mr President, we share your vision for reform. The importance of the legal profession cannot be overemphasized. Lawyers stand between individuals and government to prevent abuse of governmental powers. They also stand between individuals in the assertion of rights against each other. The entire system of administration of justice is designed to achieve the purpose of fair dispensation of justice without fear or favour. Justice is said to be blind. However, by its very nature the system of administration of justice deposits great power in judges and in lawyers. The lawyers also stand between individuals and judicial powers to prevent abuse of judicial power.

There is confusion in understanding of knowledge of law and practice of law. Having knowledge of law alone does not necessarily qualify a person to practice law. The reason is that the practice of law is a position of power, trust and privilege. It empowers the lawyer to represent and act on behalf of clients, to hold property and money for clients and to bind clients without necessarily the need for a power of attorney. It confers a general license to do many different things on behalf of the client. The judge who is also a lawyer has even more powers than the practicing lawyer. Apart from being able to bind parties, establish or discharge liability, they can impose the ultimate punishment, the sentence of death.

In return for the power, privilege and trust granted to lawyers, the profession must be regulated to ensure the protection of public interest and prevention of abuse of this privilege. In addition, the profession has been the subject of encroachment not only from other professions but also globalisation which has broken territorial barriers in the delivery of legal services.

The question for the committee therefore is what is the extra standard required of lawyers apart from knowledge of law for admission to practice of law. It seems simple that the answer is competence and ethics. However, setting the standard and maintaining competence and ethics seems to be the problem. As Mr President rightly pointed out, these two critical defining values of legal practice appear to have ‘weakened considerably’ over time and ‘the quality of justice administered has dwindled’. The committee fully understands the expectation that it should thoroughly examine the structures of the legal profession and make suggestions for its revival and resurgence as the premier profession in Nigeria with high level of competence (comparable to international best practice) and highest ethical values. In addition to a continuous competence and ethics programme, the reward system of the LPPC needs to be reformed as well. There is the need to encourage specialization through a second layer of recognition below SAN which can be called Certified Specialist. To be entitled to this appellation the lawyer would be required to meet certain conditions including specialization in an area of law in terms of knowledge and practice, certification of continuing professional development through the LPPC, among others. The LPPC itself would certainly be reformed in terms of completion and appointment.

It is in the above context that we intend to consider the terms of reference of the Committee. It is our hope that the outcome of our work, if implemented, will create an institutional framework for consistent regulation of the legal profession which ensures those allocated privilege of practice bear the burden of responsibility whilst those who are unable to obtain the privilege are also adequately engaged in areas of work that bear less assertion of responsibility. It is also hoped that the future state of legal profession would be such that Nigerian firms would be able, in the short term, to compete regionally and expand regionally on the back of Nigerian businesses that are going regional. In the long term, it is hoped that the future state of legal profession would sufficiently protect the local industry without inhibiting globalization whilst preparing Nigerian law firms to be able to compete globally.

In order to be able to achieve the lofty ideals set by our terms of reference, our future state regulatory objective must be clear and concise and our regulatory architecture must be consistent. After fifty-seven years of independence, we cannot continue to depend on historical accidental institutional framework for the regulation of our profession. As George Bernard Shaw said, ‘Those who cannot change their minds cannot change anything’. We intend to examine the regulatory architecture dispassionately. As they say in engineering at times it is too expensive to renovate; green field projects in those circumstances may be better than a brown field project. We are completely open. Our work will determine whether we would go for green field or brown field solutions.

Mr President, to be able to tackle the complex terms of reference you have given to us, we will need input from the profession and the public that the profession serves. We have prepared a work plan that would facilitate stakeholder engagement at different levels. Our Call for Memoranda has already been issued and I am informed that the response has been most encouraging. We are also engaging with key stakeholders such as the judiciary, the law school, law faculties, Attorney Generals, NJC, NJI, National Assembly leadership, etc. We will also be inviting international resource persons in the area of global thinking in legal practice as well as experienced regulators of well-established regulatory regimes. You have given me assurances that NBA would lay before the Committee its extensive worldwide relationship to mine required resources. We are indeed grateful for this kind support.

Mr President may I express my personal confidence in the capacity and commitment of the committee members and thank them for their support of the leadership. Mr President, subject to cost, we could also do with some additional younger practitioners as you had privately indicated, as the work of the committee is also a process of transfer of values and it is important that the next generation be sufficiently engaged. Be that as it may, we intend to organize town hall meetings to enable us hear all who want to be heard before we conclude.

‘Change is the law of life. And those who look only to the past or present are certain to miss the future’, thus said President John F. Kennedy in 1963. We do not want to miss the future, rather we want to create the future that would be resplendent for our profession and our beloved country Nigeria. We thank you, Mr President, for all your support, moral, intellectual and financial, for the work of the committee and again assure you that we will not disappoint your confidence in us. We hope that the outcome of our work would include specific legislative draft which can establish the agreed regulatory objectives and architecture. We will endeavour to meet the set deadline, all things being equal. We are confident that our work will bring about the required change in our legal system, bearing in mind Margaret Mead’s words, ‘Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has’.

Thank you again.

Anthony Idigbe, SAN

Chairman NBA LPRRC

THE INAUGURATION OF THE NIGERIAN BAR ASSOCIATION LEGAL PROFESSION REGULATION REVIEW COMMITTEE 


SPEECH BY ABUBAKAR BALARABE MAHMOUD, SAN, PRESIDENT OF THE NIGERIAN BAR ASSOCIATION, NBA AT THE INAUGURATION OF THE NBA LEGAL PROFESSION REGULATION REVIEW COMMITTEE AT THE CONFETENCE ROOM OF THE NBA PRESIDENT ,NBA HOUSE ,ABUJA ON TUESDAY, 24TH JANUARY 2017.

PROTOCOL

National Officers of the NBA, Senior Advocates of Nigeria, Chairman and Members of the Committee being inaugurated, Gentlemen and Ladies of our noble profession, the media, distinguished Ladies and Gentlemen.
PREFACE.

There is no doubt that the legal profession in Nigeria is facing a plethora of challenges, and we must move quickly to address these challenges if we are to maintain high standards and remain relevant in the increasingly globalized legal services industry. Of particular urgent concern is the regulation of the legal profession in Nigeria, which encapsulates admission to the Bar, legal education/Continuing Professional Development, legal services, and professional conduct and ethics.
THE PROBLEM

There have been growing concerns over the past decade or so about the falling standards in the legal profession. These concerns have been expressed among the Bench ,Bar, and also by public. Areas of concern have included, low admission requirements, a sharp decline in the quality of legal education, and deteriorating standards of professional ethics. We have high rates of unauthorized practice of law, weak and inadequate statutes, weak legal, institutional and regulatory regimes for the legal profession in Nigeria, low level of compliance with the rules of professional conduct, poor and incompetent delivery of legal services to client, lack of client care, corruption, and threats occasioned by globalization of legal services.
With the globalisation of legal services and the onslaught of the internet, entry barriers to foreign practice are increasingly difficult to enforce, particularly for developing jurisdictions like Nigeria. Large corporations in Nigeria now import legal services from big international law firms, without regards to our law as to municipal licensing. Every year, legal work worth millions of dollars is firmed out to foreign Law Firms. I believe that the time has come not only to protect our work and stop encroachment by others, but also to open horizons of opportunities of legal work that will result in enhanced income for our members and expand our legal practice.
This poses enormous challenge for which we are scarcely prepared at the moment. We must work towards controlling and minimizing foreign invasion.
The above-outlined challenges make it extremely difficult to regulate the legal profession in Nigeria especially as these problems have remained unaddressed for decades.
Distinguished ladies and gentlemen, I strongly believe that the time has come to address the issue of regulation in the legal profession in Nigeria. In my inauguration speech in Port Harcourt in August 2016 I had this to say about regulation:
“With respect to Regulation, it appears clear that the regulatory architecture of the legal profession is out of date and out of sync with modern day Nigerian realities and indeed the size and complexity of the legal profession today. We must interrogate this and build a consensus on the direction to go. We need more rigorous and effective framework for establishing professional and ethical standards, reigning in erring unethical lawyers and rebuilding confidence in the legal profession. In doing this we will look at current global trends and trends on the African Continent. We cannot assume leadership role, regain our respect, nationally, across the continent and indeed globally if we do not change the current perception of the profession. We will review all current models of regulation and attempt to adopt new models or revamp the existing model. But this in our view is something we must do in our overall best interest. If the Nigerian Bar Association must retain its self-regulatory status, sufficient internal mechanism must be devised and adequate resources deployed to ensure that regulatory responsibilities are carried out effectively and efficiently and in line with accepted global standards. The major task of the Bar should be in enhancing its standards at professional and ethical levels and ensuring that bad eggs do not find sanctuary in its ranks”.
The foregoing statement underscores how weak and ineffective our current regulatory regime is. It can also be deciphered from the statement that the current regulatory framework underpinning the legal profession in Nigeria is obsolete and cannot address emerging trends and challenges in the legal services industry. Commenting on the need to review the existing regulatory mechanism and its inefficiency and ineffectiveness, I stated as follows in my speech at the 2016/2017 Opening of the legal year and Conferment of SAN speech in September 2016:
“It is not only the judiciary that requires reforms. Indeed the Bar is an eminent candidate for reform. I am referring to the reform of the regulation of the legal profession. The recent public concern about the profession has forced many of us to think deeply on the current state of the legal profession and indeed how the profession is being regulated. We realize that there is an urgent need to interrogate the architecture of the regulation. This is imperative if the legal profession in Nigeria is to be raised in sync with current international standards of the regulation of the profession. Many countries for instance are moving away from the current model of self regulation. A few have strengthened their Bar Associations and Law Societies to combine both the representative functions with the regulatory function. In my view this is a conversation that is long overdue. We must for instance interrogate the capacity of the Body of Benchers to continue its regulatory responsibility. The Body of Benchers currently comprises 240 members. Out of these, 99 are Life Benchers majority of whom do not attend the meeting of the Body due to age or other exigencies. 72 are State Chief Judges and Attorneys General, the NBA has 30 representatives. The remaining members are justices of the Supreme Court and President and Presiding Justices of the Court of Appeal Divisions all very busy people. The question really is what sort of regulation do we expect from a Body comprising 240 members many of whom we can only expect fleeting attention from. Many countries in the Common Wealth, though still retaining the ceremonial responsibilities of the Body of Benchers for admitting qualified persons to the Bar and custodian of the legal tradition and other formal powers, they have created new and more effective institutions for the more arduous and increasingly complex task of regulating the legal profession. In the United Kingdom for instance, the Legal Services Act 2007 is a legislation of over 400 pages. It defines the regulatory objectives to be achieved in the regulation of the legal profession in the United Kingdom and establishes the Legal Services Board as the Apex Regulator with the Bar Council and the Solicitors Regulation Authority having specific role of regulating Barristers and Solicitors respectively. My postulation is that unless we take important and urgent decisions, the legal profession in Nigeria will lag behind its other contemporaries in Africa and indeed internationally. The legal profession is key to the next phase of Nigeria’s development. Effective regulation of the profession is an absolute prerequisite for the development of the profession.”
GOING FORWARD TO PROVIDE SOLUTION

Distinguished ladies and gentlemen, the Nigerian Bar Association is worried about the deteriorating professional standards in the legal profession. We are concerned that for too long the relevant and appropriate authority failed or neglected addressing the issues of regulatory gaps and challenges that are daily militating against the regulation of the legal profession in Nigeria. It is one thing to identify what the challenges are; it is another to tackle the challenges head long with a view to providing solutions. The NBA has decided to tackle these challenges. The NBA is now more determined to play a major role in ensuring a better regulated legal profession in Nigeria. We believe that the first step is to provide a platform to discuss and interrogate the current regulatory regime and come up with recommendations on the way forward. To this end, we have set up the NBA Legal Profession Regulatory Review Committee.
The members of the Committee are:

  1. Dr. Anthony Idigbe, SAN – Chairman

  2. Prof. Koyinsola Ajayi, SAN

  3. Mrs Funke Adekoya, SAN

  4. Prof. Taiwo Osipitan, SAN

  5. Mr. Paul Usoro, SAN

  6. Mrs Bisi Shoyebo, SAN

  7. Chief Arthur Obi-Okafor, SAN

  8. Yakubu Maikyau, SAN

  9. Prof. C. J. Dakas SAN

  10. Prof. Ernest Ojukwu, SAN

  11. Mr. Olarewaju Onadeko SAN

  12. Dr Mike Adeleke

  13. Prof. Alwalu Yadudu

  14. Patricia Igwebuike Orji (Mrs)

  15. Prof. M. L. Ahmadu

  16. Prof. Augustine Agom

  17. Mr. Rotimi Odusola

  18. Prof. Osita Ogbu

  19. Mrs Sade Aladeniyi

  20. Prof. Ogugua Ikpeze

  21. Dr. Aminu Gamawa – Secretary

  22. Prof. U.U. Chukwuemeka Eze

  23. Mr Eric Otojahi – Assistant Secretary.
    It is worthy of mention that we have co-opted junior lawyers as members of the Committee. These junior lawyers were picked to have their perspectives on the subject matter of regulation of the legal profession.
    The names of the co-opted junior lawyers are as follows:

  24. Mohammed Adelodun, Esq.

  25. Sa’adatu Hamu-Aliyu (Ms)

  26. Chideofor Onuoha, Esq

  27. Olive Akem, Esq

  28. Zubaida Mahmoud (Ms)

  29. Temitope Ige (Ms)
    There terms of reference are as follows:

  30. To review the current regulatory objectives and regulatory architecture of the legal profession and advise on its suitability to meet the current requirements for a robust, responsive and independent modern legal profession in Nigeria;

  31. To determine on whether the NBA retain both its regulatory and representative functions, and if so, what necessary measures should be put in place to strengthen these roles and ensure that neither is compromised;
  32. In particular, to review the role of the Body of Benchers, the General Council of the Bar, the Council of Legal Education, the Supreme Court of Nigeria and the NBA in the regulation of the legal profession and determine if the roles being played by these institutions and organs are appropriate to meet the needs of a robust and modern and independent legal profession in Nigeria;
  33. To determine for instance, given the current composition of the Body of Benchers, if its role should not be formal and ceremonial limited to formal call to Bar and formal disbarment of members of the legal profession while ceding the more rigorous duty of regulation to the more appropriate organs either of the NBA or the General Council of the Bar or any desirable Agency;
  34. To obtain the proposed bills for review of the legal practitioners Act pending at the National Assembly and review same in the light of the recommendation arising from the work of the Committee envisaged in these terms of reference;
  35. To review the current standards for admission into the Nigerian Bar and recommend changes. In particular determine whether the current threshold of 40% as pass mark for Bar examinations at the Nigerian Law School is realistic and determine how such threshold compare with entry requirement into the legal profession across Africa and the rest of the world and make appropriate recommendations;
  36. To examine, given the current size of the legal profession, its exponential growth in recent years relative to the needs of the Nigerian economy, the desirability of candidates seeking admission to the law faculties in Nigeria to possess a degree in another discipline as a condition for admission;
  37. To review the ethical requirements for admission into the legal profession and determine the adequacy of such requirements and how best to maintain high ethical and professional standards in the legal profession;
  38. To determine if, aside from admission to the Bar there should be a separate requirement for licensing law offices and advise how best to regulate and monitor such licensing;
  39. To advise on the need to introduce a system of pupillage into the legal profession and advise on the duration and how best to administer such system of pupillage;
  40. To make any appropriate recommendations the Committee deems necessary or to achieve the objectives of strengthening the legal profession in Nigeria;
  41. To submit its report on or before the 30th day of April, 2017.
    Please note that you are to do other things necessary that will assist your work in recommending a stronger regulatory regime for the legal profession in Nigeria.
    Permit me to use this opportunity to point out that there is a draft Rules of Professional Conduct that was prepared by a Sub-Committee of the General Council of the Bar under the Chairmanship of Yemi Candide-Johnson SAN. The immediate past Attorney-General of the Federation and Minister of Justice didn’t sign it before leaving office. The Office of the President of the NBA shall get copies of the draft and report of that Sub-Committee for this Committee to determine if there is need for further review and come up with final draft.
    CONCLUSION

I conclude by reiterating the importance of the assignment given to this Committee. One of the cardinal programmes of this administration is the regulation of the legal profession in Nigeria. It is a programme that is dear to my heart. I look forward to the traction and the mileage that will be gained by the work of this Committee. I have no doubt in my mind that my generation and even our children and grand children shall benefit from the work of this committee.

I thank the members of this Committee for accepting to serve the Bar in this capacity. I searched and could not find more qualified and competent men and women of this calibre to do this work. I thank you so very much for accepting this call to serve. Your service to the Bar will not go unappreciated. The reports you turn in will not be left gathering dust in the archives. They will be implemented, either at the level of your national officers or NBA National Executive Committee or Annual General Meeting or even National Institutions such as the National Assembly or the Presidency or even the Judiciary.
Upon the submission of your report and recommendation, a Bill shall be presented to the National Assembly either to amend the Legal Practitioners Act or to repeal and replace the Legal Practitioners Act. We shall lead a high level legislative advocacy to ensure speedy passage into law. There is no time to waste. I encourage you to work with high speed and dispatch. Fortunately you may not need frequent physical meetings as you can work and make presentations with the use of information technology.
Congratulations on your appointment to serve! Again I thank you all for coming and accepting. Your assignment with the greatest respect begun last year.
I thank you all for your time and audience.
ABUBAKAR B. MAHMOUD, SAN

PRESIDENT, NIGERIAN BAR ASSOCIATION.

JANUARY 24, 2017.

Invitation to Submit Memoranda for Consideration by the Nigerian Bar Association Legal Profession Review Committee

The President of the Nigerian Bar Association, Abubakar Balarabe Mahmoud, OON SAN, on the 28th  day of December, 2016 constituted  the Nigerian Bar Association (NBA) Legal Profession Regulation Review Committee comprising of Anthony Idigbe, SAN (the Chairman); Prof. Konyinsola Ajayi, SAN; Mrs. Funke Adekoya, SAN; Prof. Taiwo Osipitan, SAN; Mr. Paul Usoro SAN; Mrs. Bisi Shoyebo, SAN; Chief Arthur Obi Okafor, SAN; Mr. Yakubu Maikyau, SAN; Prof. Dakas C. J. Dakas, SAN; Prof. Ernest Ojukwu, SAN; Mr. Olanrewaju Onadeko, SAN; Dr. Mike Adeleke;  Prof. Auwalu Yadudu; Patricia Igwebuike Orji Esq ; Prof. M. L. Ahmadu; Prof. Augustine Agom ; Mr. Rotimi Odusola; Prof. Osita Ogbu; Mrs. Sade Aladeniyi ;Prof. Ikpeze Ogugua; Dr. Aminu Gamawa (the Secretary);Prof. U.U.Chukwuema-Eze; and Mr. Eric Otojahi (the Assistant Secretary) with Mrs. Sarah Omega Ajijola representing the NBA National Secretariat on the Committee.

The Terms of Reference (TOR) of the Committee are as follows:

1.     To review the current regulatory objectives and the regulatory architecture of the legal profession and advise on its suitability to meet the current requirements for a robust, responsive and independent modern legal profession in Nigeria;

2.     To determine on whether the Nigerian Bar Association should retain both its regulatory and representative functions in the legal profession and if so, what necessary measures should be put in place to strengthen these roles and ensure that neither is compromised;

 

3.      In particular, to review the role of the Body of Benchers, the General Council of the Bar, the Council for Legal Education, the Supreme Court of Nigeria and the Nigerian Bar Association in the regulation of the legal profession and determine if the roles being played by these institutions and organs are appropriate to meet the needs of a robust and modern and independent legal profession in Nigeria;

4.      To determine for instance, given the current composition of the Body of Benchers, if its role should not be formal and ceremonial limited to formal call to bar and formal disbarment of members of the legal profession, whilst ceding the more rigorous duty of regulation to the more appropriate organs either of the NBA or the General Council of the Bar or any desirable agency;

5.   To obtain the proposed bills for review of the Legal Practitioners Act pending at the National Assembly and review same in the light of the recommendations arising from the work of the committee envisaged in these TOR;

6.   To review the current standards for admission into the Nigerian Bar and recommend changes. In particular determine whether the current threshold of 40% as pass mark for bar examinations at the Nigerian Law School is realistic and determine how such thresholds compare with entry requirements into the legal professions across Africa and the rest of the world and make appropriate recommendations;

7.   To examine given the current size of the legal profession, its exponential growth in recent years relative to the needs of the Nigerian economy, the desirability of candidates seeking admission to the law faculties in Nigeria to possess a degree in another discipline as a condition for admission.

8.  To review the ethical requirements for admission into the legal profession and determine the adequacy of such requirements and how best to maintain high ethical and professional standards in the legal profession.

9.     To determine if aside from admission to the bar there should be a separate requirement for licensing law offices and advise how best to regulate and monitor such licensing.

10. To advise on the need to introduce a system of pupilage into the legal profession and advise on the duration and how best to administer such a system of pupilage.

11. To make any appropriate recommendations the Committee deems necessary or to achieve the objective of strengthening the legal profession in Nigeria.

12. To submit its report on or before the 30th day of April, 2017

In view of the above TOR, the Committee has unanimously agreed that memoranda be submitted by the legal community and the entire public and hereby invites the legal community and the entire public to submit memoranda for consideration by the Committee on how best to strengthen the Legal Profession in Nigeria to meet best international practice.

The memoranda are to be submitted to:

THE SECRETARY, 

NBA LEGAL PROFESSION REGULATION REVIEW COMMITTEE
C/O MRS.  SARAH AJIJOLA 

NBA NATIONAL SECRETARIAT
NBA HOUSE
PLOT 1101, MUHAMMODU BUHARI WAY
CENTRAL BUSINESS DISTRICT
ABUJA. 
or vide e-mail: aminugamawa@yahoo.co.uk; and sarah.ajijola@nigerianbar.org.ng  on or before  Friday 30th January, 2017.

Kindly accept the assurances of my highest regards.

Yours sincerely,

 Dr. Aminu Gamawa

 The Secretary, NBA Legal Profession Regulation Review Committee

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