Opinion
The Oracle: Critiquing Judges and Judgments: The Dividing Line (Pt. 6)
Published
3 years agoon
By
Eric
By Mike Ozekhome
INTRODUCTION
In last week’s edition, we discussed the following themes: the Position of Criticism of Judges in India, with emphasis on Contempt of Court and wondered whether Fair Criticism is being used as a Shield to Attack the Judiciary.
Today, we shall continue from there and move on to discuss the Position in the UK, Further Darts at the Judiciary elsewhere, after which we shall wonder about the necessity for restraint in criticism of Judges. Happy reading.
FAIR CRITICISM AS A SHIELD TO CRITICIZE THE JUDICIARY (continues)
Vanya Verna therefore opines that judgements can be questioned and that no amount of vehement criticism of a decision can be considered contempt of court if it is kept within the bounds of reasonable civility and good faith. For example, a speech that a decision is “rubbish and should be tossed into the trash” cannot be considered fair criticism of courts verdict. Such remarks go beyond the bounds of legitimate criticism and demonstrate propensity to undermine the Judiciary’s dignity, authority and prestige. Such vitriol also tends to raise public suspicions about Judge’s integrity, ability, or fairness, and also discourages actual and potential litigants from placing complete trust in the court’s administration of justice. Such may also likely cause embarrassment to the Judge himself in the performance of his judicial duties.
POSITION IN THE U.K.
Going back to our ‘mother’ country – England (or the UK), the home of the common law which is the common denominator in some of the countries reviewed- we can do no better than re-echo the off-quoted words of, possibly, the most famous Judge of the past century, World War 1 veteran, Lord Denning. In R. v Commissioner of Police (1968) 2 QB. 150c, Denning said: “Let me say at once, that we will never use this jurisdiction to uphold our own dignity. That must rest on surer foundations. Nor we will use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself. It is the right of every man, in parliament or out of it, in the press or over the broadcast, to make fair comment, even outspoken comment, on matters of public interest. All that we ask is that those who criticize us should remember that, from the nature of our duties, we cannot reply to their criticism. We cannot enter into the public controversy. We must rely on our conduct itself to be its own vindication”, This statement was made after the revered Jurist had been criticised as an “ass”, after he delivered one judgment. But, he never took offence or replied.
Lord Russel put it more poignantly in Reg v Gray (1990) 2 QB 40, when he illuminated: “Judges and courts alike are open to criticism and if reasonable argument or expostulating is offered against any judicial act as contrary to law or ph kid good, no court could or would treat that as contempt of court” Lord Denning in his later years became known for making comment that didn’t really cohere. The Independent newspaper was so concerned about his decline, that it ran a piece just two days after his death (“If only Lord Denning had died at seventy”)- (http://www.independent.co.uk./voices/if-only-Lord-denning-had-died-at-seventy-1079046.html)
Lord Denning’s comment about black people serving on Juries, made in 1982, is perhaps his most controversial. He disagreed in his book, “What Next in the Law” that “The underlying assumption is that all citizens are sufficiently qualified to serve on a Jury.” Denning argued: “I do not agree. The English are no longer a homogenous race. They are white and black, coloured and brown. They no longer share the same standards of conduct. Some of them come from countries where bribery and graft are accepted as an undergrad part of life and where stealing is a virtue so long as you are not found out… they will never accept the word of a policeman against one of their own.”The comments caused such backlash that Denning publicity apologised and resigned soon after. (See (https://hub.legalcheek.com/sign-up))
The same Lord Denning was to later pronounce with great erudition that, “Justice has no place in darkness and in secrecy . When a judge sits on a case, he himself is on trial…..if there is any misconduct on his part, any bias or prejudice, there is a reporter to keep an eye on him”.-Lord Denning (Address before High court journalists Association, Dec 3, 1964).
FURTHER DARTS AT THE JUDICIARY
Former Italian Prime Minister, Silvio Berlusconi, once described the Judiciary as the “cancer of democracy.” This presumably had much to do with his personal situation of being accused several times of crimes, including bribing a Judge. Belgian Underminister Theo Francken announced in public that he would disregard a judgment of a Belgian court obliging him to deliver a visa to a Syrian family. Former French President Nicolas Sarkozy qualified Judges as “petits pois sans saveur” (peas without flavor). This sentiment was, in a way, echoed by French President François Hollande, who in October 2016 was quoted as saying: “Cette institution, qui est une institution de lâcheté . . . Parce que c’est quand même ça, tous ces procureurs, tous ces hauts magistrats, on se planque, on joue les vertueux . . . On n’aime pas le politique.” (This institution — the Judiciary — is a cowardly institution, all those prosecutors and those high Judges, they hide themselves, they act self-righteously, they don’t like politics).
In the Netherlands, Geert Wilders, the leader of the Party for Freedom, who was prosecuted and convicted of racial discrimination, attacked the Judges in his case as politically biased, saying, “No one trusts you anymore.” He proclaimed that if he were to be convicted, millions of Dutchmen should be convicted. Some years ago, when he was previously prosecuted for discrimination against Muslims, Wilders said that if he were to be convicted millions of people no longer would trust the Judiciary.
See generally: Geert Corstens: “Criticism of the Judiciary: The Virtue of Moderation” (https://judicature.duke.eda)
It is, as once pointed out by Justice Frankfurter of the U.S. Supreme Court, in Bridges v. California, 314 U.S. 252 (1941), that “Judges as persons, or courts as institutions, are entitled to no greater immunity from criticism than other persons or institutions. Just because the holders of judicial office are identified with interests of justice they may forget their common human frailties and fallibilities. They’re have sometimes been martinets upon the bench as there have also been pompous wielders of authority who have been used the paraphernalia of power in support of what they called their dignity.
Therefore judges must be kept mindful of their limitations and of their ultimate public responsibility by a vigorous stream of criticism expressed with candour however blunt.”The Holy Bible (James 5:9) reminds us as follows: “Do not grumble against one another, brothers, so that you may not be judged; behold, the Judge is standing at the door”. Admonishing Judges for being inconsistent in acts of the Apostles 23:3 (ESV), St Paul angrily intoned: “God is going to strike you, you whitewashed wall! Are you sitting to judge me according to the law, and yet contrary to the law you order me to be struck?”
WHY RESTRAINT IN CRITICISM OF JUDGES
Outlandish, personalised? And direct criticisms of, and attack on Judges erode confidence in and undermine stability in the Judiciary. Judges are not in a position to defend themselves, or respond to criticism, no matter how virulent, false and It is thus unfair to hit at a person who is not in a position to defend himself. Justice is rooted in confidence. Any attempt to erode that confidence in the Judex is counter-productive.
Criticising Judges brings the administration of Justice to deep disrepute and ridicule. Faith in the administration of Justice is one of the pillars through which democratic institutions function or sustain. Criticism of Judges in their personal capacities (rather than their judgments) must be avoided like a plague. Such impairs and hampers the administration of justice. This is why Judges themselves must do what is right. In the words of Abraham Lincoln in his famous speech in 1965, “with malice towards none, with clarity for all, we must strive to do the right in the light given to us to determine that right.”
If Judges themselves decay, the contempt power they wield will itself also decay. “The other side of the coin is that Judges, like Caesars wife must be above suspicion (per Krishna Iyer, J, in Shrr Baradakanta Mishra v. The Registrar of Orissa High Court of Anor (1974 ISC. 374)
CONCLUSION
Nigerian Judges are notoriously over-worked and under-paid. They may not be saints- no one is, after all. But, they hardly deserve the scurrilous, uncharitable and, sometimes, unfair and destructive criticism which has been their lot, especially since the return to democracy about 24 years ago. The heating up and politicization of the polity appears to be complete, as even the Judiciary is not spared of the dirt. It is now seen as fair game on the chessboard of politicians. Judges have in effect, become mere sitting lame ducks- to be viciously lampooned, attacked, castigated and condemned at will- by the political class, their hirelings and some members of the public at large. Some of these critics lack the rudiments of what it takes to resolve disputes according to law.
We concede that like their counterparts across the world, court judgements are not immune to criticism- so long as it is constructive and made in good faith. What is unacceptable and must be condemned by all men and women of goodwill, is to target an individual Judge or Judges for personal attacks for doing their job, such as was recently done by some people in reaction to the Supreme Court’s decision which recognized the Senate President, Ahmed Lawan, as the Senatorial Candidate of the ruling APC, ahead of Bashir Sheriff Machina, who clearly won the election – in which Ahmed Lawan never even participated.
As glaring as that injustice might seem, it did not warrant the intemperate language which some critics deployed in literally insulting the persons of the esteemed members of that noble court – the highest court of the land. This is unfortunate, to say the least; especially because Judges are precluded by their Code of Conduct, from speaking out (at least, individually), in their own defence. Suffice it to say, that whilst it is lawful to criticize the pronouncement of a court (or the Judiciary as an institution), it is grossly unacceptable to attack the persons or integrity of individual Judges, simply because their verdicts- sitting as a court, – are unpopular. Judicial decisions are not popularity contests.
Consequently, when Judges fall short of popular expectations, we must resist the temptation of attacking the messenger. We should, instead, focus on the message – and do so constructively, with moderation, decorum and utmost civility. We have options – appeal such judgements; or where the pronouncement was by the Supreme Court, humbly ask for a review. The Supreme Court has since accepted its power to review unfair decisions. Thus, in the causa celebre of ADEGOKE MOTORS V. ADESANYA, (1989) 3 NWLR (PT 109), 250, at 261, the apex court itself, per, Oputa JSC, dilated:
“We are final not because we are infallible, rather we are infallible because we are final. Justices of this court are human beings, capable of erring. It will certainly be short-sighted arrogance not to accept this obvious truth. It is also true that this court can do inestimable good through its wise decisions. Similarly, the court can do incalculable harm through its mistakes. When therefore it appears to learned counsel that any decision of this court has been given per incuriam, such counsel should have the boldness and courage to ask that such a decision be overruled. This court has the power to overrule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error.”
God bless the Nigerian Judiciary – the very last hope of the common man and woman. (Concluded).
THOUGHT FOR WEEK
“I much prefer the sharpest criticism of a single intelligent man to the thoughtless approval of the masses”. (Johannes Kepler).
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By Boma Lilian Braide Esq.
The water remembers. It remembers when we were queens and kings of the creeks, when our voices carried across the rivers like thunder, and when no external force could dictate the terms of our existence.
Today, as a daughter of the Ijaw nation, I look at our political landscape and my heart breaks into a thousand pieces. The recent withdrawal of Pastor Tonye Cole from the political race reopened a wound that never properly healed. I immediately texted him a single, urgent question: “Why?” His response was a resigned, familiar phrase; “It is well.” At that exact moment, my thoughts were screaming so loudly inside my head, “Not again!” It felt like a brutal repetition of an old script. Every single time, without fail, they treat the Ijaw man badly, pushing him out of the room where decisions are made.
This leadership class continually trades our birthright for political crumbs, leaving me with a profound sadness I cannot shake. Every four years, we are forced to watch the same exhausting, predictable cycle play out. We have become the laughing stock of the Nigerian politics. We roar like lions in the morning, only to allow ourselves to be led like sheep to the slaughter house by nightfall. This pattern is not merely a string of tactical errors. It is a structural and psychological condition that has calcified into our political culture. We begin every election season with unparalleled bravery, massive energy, clarity, and a list of demands. We mobilise, we protest, we declare our rights. Yet at the decisive moment we fold. We trade collective power for personal gain. We accept crumbs while the harvest is taken from our lands allowing our leaders to be used as mere pawns, chess pieces, and foot soldiers on a board completely controlled by outsiders.
Call it what it is, a political Stockholm syndrome. When a people are held hostage by extractive systems for generations, they can begin to see the captor as a provider. When political actors poison our rivers, burn our gas, and extract our wealth, then return during elections with token gifts, the damaged political imagination can mistake those gifts for benevolence. A motorcycle, a solar lamp, a bag of rice, or a ten thousand naira note becomes a substitute for structural justice. We applaud the giver and forget the theft.
This is not a partisan indictment. The major parties have all participated in this system. From the coastal edges of Ondo and Edo, through Rivers and Bayelsa, to the riverine communities of Delta and Akwa Ibom, the script is the same. Political machines arrive with cash and spectacle. They leave with votes. They do not stay to build roads, to clean oil spills, to fund health care, or to restore fisheries. They do not invest in education or in the infrastructure that would make our communities resilient. They know they do not have to. They know that the combination of poverty, fragmentation, and short-term survival instincts will deliver the votes they need.
The spectacle in Rivers State is instructive. The conflict between an incumbent and a predecessor is not only a personal rivalry. It is a mirror of a deeper structural problem. An Ijaw son may occupy the governor’s office, but the expectation of loyalty to an external power broker remains. When disagreements arise, the Ijaw polity does not close ranks. Instead, it fractures. Elders, youth groups, and political actors align with different external centres of power. We tear ourselves apart while the larger system remains intact.
Delta State offers another painful example. The region produces a disproportionate share of the oil wealth that sustains the state and the nation. Yet Ijaw communities are routinely relegated to secondary roles in governance. The highest offices are often out of reach. When an Ijaw candidate shows real ambition, the pressure to step down, to accept a consolation prize, or to be bought off intensifies at the last minute. The result is a steady stream of symbolic representation and token appointments that do not translate into structural change.
Even Bayelsa State, our most homogenous political home, has not been immune. The state has been turned into a dependent outpost. Political life there is often conducted under the shadow of Abuja. During elections, communities are militarized. Young people are paid paltry sums to snatch ballot boxes and intimidate their neighbours. The leaders who emerge from such processes rarely prioritize environmental remediation, health care, or education. They prioritize survival within the national political economy.
Why do we accept this? Part of the answer lies in a minority complex that has been cultivated over generations. We have been taught to believe that because we are numerically small and geographically dispersed across several states, we cannot set national terms. That belief is false. Our geographic position along the southern maritime border gives us leverage. Nigeria’s economy cannot function without the peace of our creeks. Yet we negotiate from a position of weakness because we lack a unified, non-partisan political command structure.
Other major ethnic blocs in Nigeria have developed cultural mechanisms that protect collective interests across party lines. They maintain consensus on key strategic questions and punish those who betray the collective. The Ijaw political house, by contrast, is fragmented. We are divided into Western, Central, and Eastern blocs. Internal jealousy and rivalry consume us. When an Ijaw son or daughter rises to prominence, it is sometimes their own people who are recruited to pull them down. This internal sabotage is a major reason we are treated as expendable by national political machines.
Our representatives in national assemblies and federal boards are often the most silent and compliant. They vote for policies that harm our region because they want to protect their personal seats and committee positions. We have forgotten the intellectual foundation of our struggle. Our fathers did not rely on muscle alone. They fought with logic and strategy.
Harold Dappa Biriye used constitutional arguments to demand minority rights during the pre-independence conferences. Isaac Adaka Boro presented a detailed economic manifesto during the twelve-day revolution, exposing the systematic underdevelopment of the Delta. The Kaiama Declaration of 1998 linked environmental justice with true federalism in a way that remains a model for strategic political thinking. Today, that intellectual tradition has been eroded by a culture of thuggery, praise singing, and the pursuit of quick money.
The social and economic costs of our political submission are visible everywhere. Schools sink into the mud. Primary health centres lack basic medicines. Women die in childbirth because there are no functional boats to transport them to urban hospitals. Rivers that once sustained us are coated with crude oil. Gas flares burn day and night, releasing toxins that cause cancers and respiratory diseases. In any functioning democracy, such environmental devastation would provoke electoral punishment. But our people accept ten-thousand naira, wear party uniforms, and return the same leaders to office.
This pattern is not only morally wrong. It is strategically suicidal. The global energy transition is underway. The world is moving away from fossil fuels. In a few decades, crude oil will no longer be the primary driver of the global economy. When that happens, the Nigerian state’s willingness to distribute minor rents, amnesty stipends, and pipeline contracts will evaporate. If we remain politically domesticated and economically dependent, we will be discarded once our resources lose value. We will be left with a ruined environment and a population unprepared for the modern economy.
Breaking this cycle requires a radical transformation of our political behaviour. It requires both immediate reforms and long-term institution building.
First, we must refuse to sell our votes for temporary relief. If politicians bring money during elections, take it because it is a fraction of your stolen wealth, but enter the voting booth and vote fiercely against them if they have not delivered real, systemic progress. The act of taking money and voting against the giver is not a moral ideal. It is a pragmatic tactic that recognizes the reality of survival while asserting political agency.
Second, we must create a culture of community accountability. Any Ijaw politician, elder, or youth leader who sells out the collective interest for personal gain must face social consequences. They should be stripped of traditional honours, excluded from community gatherings, and greeted with public disapproval rather than celebration. The cost of betrayal must be made higher than the reward offered by external actors.
We must also institutionalize our collective strength. The Ijaw nation needs a permanent, non-partisan political and economic council composed of our finest minds. This council should include intellectuals, legal experts, economists, and community builders from across the globe. Its mandate would be to define a multi decade Ijaw National Agenda that transcends party lines. Any Ijaw person entering politics should be bound by that agenda. Any external political force seeking our cooperation should be required to commit to its verifiable execution.
Again, we must build strategic alliances with other coastal minority groups. From Calabar to Badagry, the coastal communities share common interests in environmental protection, maritime economies, and regional development. A unified coastal voting bloc would create a political force that no national party can ignore. Such an alliance would also strengthen bargaining power for federal resource allocation and environmental remediation.
Fifth, we must shift our economic focus from pipelines to the blue marine economy. Our future lies in the ocean. We must invest in community owned industrial fishing fleets, deep sea shipping logistics, local shipbuilding yards, and aquaculture networks. We must develop port infrastructure and maritime training centres. Economic independence is the foundation of political courage. When our communities can fund their own schools, hospitals, and water systems through independent marine enterprises, we will no longer beg for crumbs.
Sixth, we must invest in education and leadership training. Political courage is not loud rhetoric. It is disciplined strategy. We must train a new generation of leaders who understand constitutional law, public finance, environmental science, and international trade. We must teach negotiation skills, coalition building, and institutional design. The Ijaw struggle must be intellectualized and professionalized.
Seventh, we must reclaim our narrative. For too long our story has been told by others. We must document our history, our legal claims, and our environmental evidence. We must use the courts, the media, and international forums to hold polluters and complicit officials accountable. We must turn our lived experience into verifiable claims that can be litigated and publicized.
Finally, we must practice disciplined solidarity. Political unity does not mean uniformity of opinion. It means a shared commitment to core strategic objectives. It means agreeing on red lines that cannot be crossed. It means supporting candidates who commit to the Ijaw National Agenda and sanctioning those who betray it.
The hour is late. The cost of our political naivety is visible in every polluted river, every jobless youth, and every broken promise. We cannot enter another election cycle with the same broken playbook. We must reject transactional politics and demand structural change. We must hold our leaders accountable and refuse to celebrate personal appointments that bring no collective benefit.
We must heal ourselves of this political Stockholm syndrome. We must stop loving the systems that destroy us and begin the difficult work of building lasting political infrastructure. The future of the Ijaw nation depends on our ability to transform our pain into strategic power. The water is watching. The spirits of our ancestors who resisted colonial domination are watching. We must rise, cleanse our minds of dependency, and stand with dignity. The era of last minute surrender must end. The time for strategic, sovereign Ijaw political courage has arrived.
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Opinion
Leadership in Africa: Forging a New Era of Self-Reliance, Unity and Global Relevance (Pt. 3)
Published
1 month agoon
May 23, 2026By
Eric
By Tolulope A. Adegoke
“True leadership in Africa is not the pursuit of power, but the courage to serve — to turn the pain of yesterday into the promise of tomorrow, to bind broken hearts into one destiny, and to raise a continent where every son and daughter can stand tall, not by pulling others down, but by lifting one another higher.” – Tolulope A. Adegoke, PhD
Building upon the foundational principles and practical pathways discussed in Parts 1 and 2, this continuation explores the deeper implementation strategies, institutional reforms, cultural shifts, and long-term vision required to translate African leadership into tangible, sustainable transformation. It addresses the realities on the ground while offering forward-looking, actionable recommendations that can help Africa move from potential to performance on both regional and global stages.
Institutional Reforms as the Backbone of Transformative Leadership
Visionary leadership without strong institutions is like a beautiful dream without a foundation. Africa’s progress depends on building institutions that are resilient, transparent, and people-centred.
Leaders must prioritise civil service reform, judicial independence, and anti-corruption mechanisms that are not only punitive but preventive. For example, Rwanda’s use of performance contracts (imihigo) for public officials has created a culture of accountability and results. Similarly, Ghana’s strong electoral commission and relatively independent judiciary have helped sustain democratic stability. These models show that when institutions are strengthened, leadership becomes less about individual charisma and more about systemic effectiveness.
Regional institutions such as the African Union, ECOWAS, SADC, and the East African Community must also be reformed. They need greater financial autonomy, faster decision-making processes, and clearer enforcement mechanisms. The African Union’s current efforts to reform its Peace and Security Council and operationalise the African Standby Force are steps in the right direction, but they require consistent political will and adequate funding from member states.
Cultural and Mindset Transformation
Leadership that builds Africa must also transform mindsets. Many of the continent’s challenges are rooted in colonial-era thinking, dependency syndromes, and a culture of short-termism.
Progressive leaders should invest in cultural renewal programmes that celebrate African excellence, innovation, and resilience. This includes supporting the creative industries — Nollywood in Nigeria, Afrobeats music, and contemporary African literature — which are already projecting positive African narratives globally. Educational systems must move beyond rote learning to foster critical thinking, ethical reasoning, and entrepreneurial spirit.
Youth leadership development is particularly crucial. With over 60% of Africa’s population under the age of 25, the continent’s future depends on preparing young people not just for jobs, but for leadership. Initiatives like the African Union’s Youth Agenda and national youth service programmes should be expanded and made more impactful.
Economic Transformation and Self-Reliance in Practice
True self-reliance requires deliberate economic restructuring. Leaders must champion value addition in agriculture, mining, and natural resources. Instead of exporting raw cocoa, cotton, or crude oil, African countries should invest in processing facilities that create jobs and capture more value domestically.
The African Continental Free Trade Area (AfCFTA) offers a historic opportunity. When fully implemented, it can boost intra-African trade, reduce dependence on external markets, and create new industries. Leaders who actively remove non-tariff barriers, harmonise standards, and invest in cross-border infrastructure will be remembered as the architects of Africa’s economic renaissance.
Public-private partnerships (PPPs) should be strengthened, with clear frameworks that protect national interests while attracting responsible investment. Countries like Morocco and Ethiopia have shown how strategic industrial policies can attract foreign direct investment while building local capacity.
Global Relevance: Africa as a Solution Provider
Africa must stop seeing itself solely as a recipient of global solutions and begin positioning itself as a contributor. The continent’s vast renewable energy potential, youthful population, and rich biodiversity give it unique advantages in addressing global challenges such as climate change, food security, and digital innovation.
Leaders who understand this will invest in research and development, patent African innovations, and engage confidently in global forums. The success of African pharmaceutical companies during the COVID-19 pandemic and the growth of African tech unicorns demonstrate that the continent can compete and lead when given the right environment.
A Balanced and Hopeful Conclusion
Africa stands at a historic crossroads. The challenges — poverty, inequality, climate vulnerability, and governance gaps — are real and significant. Yet the opportunities — a youthful population, abundant natural resources, cultural richness, and growing regional integration — are even greater.
Leadership remains the decisive variable. When leaders rise above narrow interests to serve the collective good, Africa does not just survive — it thrives and offers the world new models of resilience, innovation, and inclusive growth.
The path forward requires a new covenant: between leaders and citizens, between nations and regions, and between Africa and the global community. This covenant must be rooted in trust, mutual accountability, and shared vision. With the right leadership — courageous, ethical, inclusive, and strategic — Africa can forge a new era of self-reliance, unity, and global relevance.
The question is not whether Africa can rise. The question is whether its leaders, supported by an awakened citizenry, will summon the will, wisdom, and courage to make that rise unstoppable. The world is watching, and history is waiting to record the choices made in this decisive decade.
Africa’s story is still being written. With visionary leadership, it can become one of triumph, dignity, and global excellence.
Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, resilient nation building, and global peace. He can be reached via: tolulopeadegoke01@gmail.com, globalstageimpacts@gmail.com
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