Opinion
The Twitter Ban, Prosecution, More Prisons and the Link with the JUSUN Strike
Published
5 years agoon
By
Eric
By Chief Mike A.A. Ozekhome SAN, OFR, FCIArb, LL.M, Ph.D, LL.D.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, has just ordered the Director of Public Prosecution of the Federation to immediately prosecute offenders contravening the Federal Government’s ban on twitter operations in Nigeria. Indeed he wants the DPP to liaise with the Ministry of Communications and Digital Economy, the National Communications Commission (NCC) and other relevant Government agencies to ensure “speedy prosecution of offenders without further delay”. How I wish that Malami’s APC Government, has displayed such alacrity and sense of urgency on the grave insecurity challenges of the country; the parlous economy and the mounting corruption ravaging our land.
Malami did this with Lai Mohammed apparently being aware that many knowledgeable Nigerians had started to use different Virtual Private Networks (VPN) to clearly bypass the blockage. This government must be ready to build thousands of prisons across all the nooks and cranies of Nigeria so as to accommodate the deluge of ‘erring’ Nigerians.
THE DANGERS INHERENT IN GOVERNMENT’S ILLEGAL ACTION
This government does not appear to have weighed carefully the serious implications of its actions and the likely ricochetting effects. Many Nigerians run global businesses with links and business partners across the world. They carry on business using the social media of twitter. Secondly, many Nigerians, especially the jobless youth who have been rendered destitute by this thus anti-masses government. They rely heavily on legitimate income realised from the platform through advertisement of their products and services and act on behalf of their not so ICT-compliant clients who desire to reach out to the world Banning Twitter is akin to what this government did 8n a kneel-jerk action on coming to power whether thoughtlessly banned Nigerians from operating their domiciary foreign accounts .The naira has never recovered from this shock treatment.
Perhaps, more important is that the ban outrightly denies citizens of their individual and collective right to freedom of speech and right to freedom of expression and the press ,contrary to section 39 of the Constitution. The cumulative effectof these negative act is a serious blight on Nigeria’s image both at home and abroad.
THE CURIOUS JUSUN STRIKE ANGLE
From day one, I had whole-heartedly supported the JUSUN strike by Judicial workers. I had believed (and still believe) that Judicial autonomy must never be compromised. I dripped oceans of ink and made tons of television appearances (permit the hyperbole; it is to emphasise the frequency), arguing that the strike was well-intentioned because it was meant to save the Judiciary from itself, give it autonomy from the strangulating grip of State Governors; and allow it unfettered access to its constitutionally granted funds without genuflecting before “almighty” State Governors.
Then twitter suspended Buhari’s account and pulled down his offensive threats against his own electors and citizens he governs. Then, Lai Mohammed reacted by saying the FG has banned twitter operations in Nigeria. And, now, Malami has directed the DPP to prosecute any Nigerian who flaunts this ban by using VPN to bypass it.
NO ACCESS TO COURT
In all these, the agitated citizens are eager to go to court (section 6 of the Constitution), to challenge these outrageous infractions of their rights. Then, they suddenly realize that the doors to the courts are firmly shut, and put under lock and key by JUSUN workers. So, they lick their oozing wounds. Meanwhile, the same courts being protected, are busy every day, delivering judgements (physical and virtual), on matters already pending before the JUSUN strike commenced.
So, who are these workers that prepare the files, take them to Judges and create the enabling environment for such sittings, including fixing the zoom meetings? How and where do they gain access to the courts’ strong rooms, filing cabinets and court processes, to aid the Judges? Just how? I cannot understand. Or, can you?
PLAUSIBLE CONSPIRACY THEORY
Meanwhile, the Governors and the presidency appear not only comfortable with the existing impasse (which has literally suspended the third arm of Government, as during vile military juntas), they are quite happy with it. Their unyielding stance is encouraging the strike. These got me thinking. I therefore decided to give a second look at the unfolding scenario. It points to one fact: Nigeria appears to have been scammed by some smart elite alecs, working in collaboration and tandem with probably the unsuspecting JUSUN leadership. My response to this new development? JUSUN, CALL OFF THE ONGOING STRIKE IMMEDIATELY.
MY NEW STANCE
I have now changed my views and stance. My new stance is now occasioned by the frequency of series of curious events (some quite frightening), emanating from the government and its operatives in the last two weeks. First, the Attorney-General, Malami, condemned Southern Governors’ ban on open grazing by cattle. He curiously likened the murderous acts of non-tax paying nomadic cattle rearers to innocent shop-owning, spare-parts-selling Igbos who carry out their businesses legitimately and peacefully in their rented premises, paying their tax, tenement rate, water and wastage disposal bills. Freedom of movement by human beings in section 41 of the Constitution was now being mistaken for freedom of movement for cows, sheep and goats. The life of a cow was being elevated, valued and priced beyond that of slaughtered and raped human beings. Second, there sprang out an alleged secret memo attributed to the Attorney-General (but which he has firmly denied and denounced), in which he purportedly advised President Buhari to declare a state of emergency and suspend provisions of the 1999 Constitution that deal with the people’s fundamental rights. I believed his denial because that would have been unthinkable, having regard to his sacred position and duties as espoused in sections 150 and 174 of the Constitution.
GOVERNMENT’S APPARENT GAME PLAN
Let us not continue to be used by fifth columnists as pawns in a game of musical chairs. This government will very shortly likely crack down on the opposition, rights Activists, dissenters, plural voices and perceived enemies. There will be no courts to run to with a view to obtaining any remedy. They are all firmly locked. Many of the Justices and Judges that we are strenuously defending, denying lawyers (especially junior lawyers, the challenged and widows) food and money in their pockets, are enjoying, receiving their salaries and emoluments. We now appear to be crying more than the bereaved. The iron is rusting while the gold is shining. The JUSUN strike has therefore outlived its usefulness and purpose. JUSUN, CALL OFF THE STRIKE NOW AND SAVE THE JUDICIARY FROM ITSELF, FROM SELF-IMMOLATION AND SELF-DESTRUCT. IMMEDIATELY. AS URGENT AS YESTERDAY.
THE LAW: NO NIGERIAN CAN BE PROSECUTED FOR A NON-EXISTENT OFFENCE
The Court of Appeal was emphatic in ONWUGHALU v. FRN (2019) LPELR-47313(CA), that no citizen of Nigeria can be tried or punished for an alleged offence not created by law. It said:
“Truly, our Constitution guarantees that no citizen of this country should be put through a criminal trial, convicted and punished over an alleged offence not created by any law and thus unknown to the laws of the land. See the causa celebre of AOKO V FAGBEMI (1961) 1 ALL NLR 400, which till date represents the locus classicus on this matter.
In GEORGE v. FRN (2013) LPELR-21895(SC), the apex Court held thus:
“Any conduct that must be sanctioned must be expressly stated in a written law to wit: an Act by the National Assembly. That is what Section 36(12) of the 1999 Constitution provides. Such conduct should not be left to conjecture. As well, it cannot be inferred by the Court”.
Also, in SELE v. STATE (1993) LPELR-3030(SC), the apex court held:
“It is a cardinal principle of our concept of criminality, and which is protected by our Constitution, that a person can only be charged with and convicted for an offence recognised by the law and in existence at the time the act alleged was committed – See S.33(8) of the Constitution 1979. This is the hallowed and sacred principle of legality. It is because of its importance and high public policy that the legislative jurisdiction of the legislature is also excluded from having retrospective effect in relation to any criminal offence whatsoever.” Per ADOLPHUS GODWIN KARIBI-WHYTE, JSC (Pp 18 – 18 Paras A – C.
Similarly, the Supreme Court in TAFIDA v. FRN (2013) LPELR-21859(SC), made it clear that:
“the interpretation of a penal legislation or any statute for that matter should not be left to the whims and caprices of the Judge called upon to interpret the legislation. Any conduct which carries a sanction of imprisonment must be expressly stated in a written law and not left to conjecture or inference by the Court.” Per KUMAI BAYANG AKA’AHS, JSC (Pp 15 – 16 Paras C – D).
Finally, on the legal position, the Court of Appeal in OMATSEYE v. FRN (2017) LPELR-42719(CA), incisively held that:
“It is trite and settled by the 1999 Constitution (as altered) particularly Section 36(8) which states thus: “No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed.” There is no question therefore on the need to have a statutory provision clearly creating an offence before any person can be convicted for the said offence. The punishment too must be specifically named in a legislation. The apex Court emphatically stated that it is rudimentary and elementary for anybody or persons having something to do with dispensation of justice in this country to know that no citizen can be made to face any criminal trial for an act which is not qualified as an offence not defined or stated (codified) in any law and the punishment thereof prescribed. All Courts, so named, cannot claim ignorance of these facts. See the following cases: GEORGE V FRN (2014) ALL FWLR (PT.718) 879; ABIDOYE V FRN (2014) ALL FWLR (PT.722) 1646; ALIYU V FRN (2014) ALL FWLR (PT.720) 1272.” Per YARGATA BYENCHIT NIMPAR, JCA (Pp 7 – 8 Paras A – A).
All the above judicial authorities are crystal clear that neither Malami, the DPP, nor this government, can prosecute any twitter user. Using twitter is not a known crime or written offence. The NASS has not enacted any law banning the use of the social media, including Twitter. Mere verbal pronouncement, declaration, directives or threats by the Attorney-General, do not amount to a Law validly passed by the NASS.
SOME RESPITE: A LIGHT AT THE END OF THE TUNNEL
All hope is not lost, even with the JUSUN strike. There is some respite here.
Any Nigerian arrested or detained should immediately proceed to the sub-regional West African Court situate in Abuja. The African charter on Human and People’s Rights is there to protect the rights of citizens of Nigeria. The Court that operates it (the West African Court) is there right now, fully operational. The last time I checked, we are not in the Hobesian state of nature where life was solitary, nasty, short and brutish.operating a military Junta or Musolini and Hitler’s despotism and absolutism! Nigeria is not a banana Republic. Never in the past; not yesterday, not today; not tomorrow; not ever. We operate a Constitutional democracy where things are done according to the Rule of Law and within our Constitutional organogram. We do not operate rule of the thumb or rule of men.It is always better to build strong institutions rather than strong men. My one kobo piece of advice to this clueless Government that spreads pains, agony, pangs and blood like manure on plants.
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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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