Saliu Modibbo Alfa Belgore, Supreme Court Judge, is considered to be stupendously wealthy. This has provoked the question: what tradition of justice is emerging when millionaires sit at the nation’s apex court.
Seye Kehinde
It is an opportunity all leaders look up to. Ibrahim Babangida, Nigeria’s ex-dictator for eight years, too, had carefully bidded his time. The issue was how to stamp his authority on the Supreme Court, Nigeria’s apex temple of justice and the symbol of the nation’s legal order.
That chance came in 1986; the very peak of the Supreme Court’s hour of glory, the year when it became fashionable to talk of “judicial activism,” - an age that the erudite legal scholar, Professor Itse Sagay documented as the Legacy For Prosperity in his now famous seminal work on the Supreme Court.
The burst of activism at the apex court was sustained by the brilliant, even if irritating roles of such justices as Anthony Aniagolu, Chukwudifu Oputa, Andrew Obaseki, and Olukayode Eso. They became role models of sorts, fearlessly clipping the wings of an exuberant executive which, under military rule, was one and the same, as the legislature. There was the Odumegwu Ojukwu versus Lagos State government case in which the court seriously tongue-lashed the state government for forcefully ejecting a citizen from his landed properties. There was also the case of Garuba versus University of Maiduguri involving the rustication of fifty-three University of Maiduguri students by the then Vice-chancellor, Jubril Aminu where the court ordered their re-absorption for denying them fair hearing. The year before too had witnessed some remarkable pronouncements. Cases like Wilson Versus Attorney-General of the Federation which upheld a citizen’s proprietary right to property and the case of Fawehinmi Versus Legal Practitioners Disciplinary Committee in which the court stopped the committee from striking off Fawehinmi’s name from the roll of lawyers on account of not giving him the benefit of fair hearing.
A legion of cases against the infringement of the rights of citizens by the military issued forth from that court. It didn’t matter to them whose ox was gored. And by this very courageous act, the names of a few justices of the court had been etched on the minds of the watching public. Lawyers themselves started making references to the high-minded reasoning of Eso, the thoroughness of Obaseki, the linguistic grace of Chukwudifu Oputa and the tenacious logic of Aniagolu. It was indeed the era of judicial activism with Ayo Irikefe, atop the throne as pontiff.
But time and history was not on the side of this revolution. Irikefe had just one more year to go at the apex court. He left on 3rd March, 1987. Aniagolu, Oputa, Obaseki and Eso were already packing their wares ready for retirement also. The honoured gladiators were set for a re-treat, how would the battlefield now look like?
The irony was curious. Babangida was still consolidating, still posturing, still masquerading as a military man of God, and his justice minister was to describe him as a “military democrat.”
Carefully stalking, quietly maneuvering, Babangida quickly defined his interest around the conservative alliance in the Supreme Court under the leadership of Justice Mohammed Bello who was then next to Irikefe.
There was, it seemed to the fledging government of Babangida, a need to confront the liberalising aura of the Eso-Obaseki-Oputa-Aniagolu coalition.
Aniagolu had long announced the unofficial manifesto of this liberal platform in his 1984 remarkable judgement which Babangida was smart enough to recall in its full portends.
In Lamidi Adeyemi versus Attorney-General of Oyo State, Aniagolu had strongly warned against ceding the power of the judiciary to an over bearing state through ouster clauses or disobedience of court orders. If the jurisdiction of the court is not jealously guarded, Aniagolu said hard-nosed dictatorship subtly creeps in by undermining the procedural and structural safeguards employed by the courts for the purpose of enhancing the rule of law and pressing the personal and proprietary rights of individuals. “It is in this vein that the courts must insist, whatever possible, on a rigid adherence to the constitution of the land and curb the tendency of those who would like to establish what virtually are kangaroo courts, under different guises and smokescreens of judicial regularity. This, the courts, in the discharge of their appointed duties, must sternly always endeavour to resist,” remarked Aniagolu in that scathing judgement.
It was clear that to control the mind of the court, to make his rule relatively easy, Babangida needed his men at the Central Court. This was the context that saw the arrival of Justice Salihu Modibbo Alfa Belgore, someone he believed he could do business with and who could be supportive of his vision.
His credentials as a judge in the Benin Division of the Court of Appeal was impeccable and his Fulani ancestry, a group not adequately represented on the Supreme Court further stood him in good stead for the job. Babangida’s decision was to appoint Alfa Belgore, who was at that time one of his closest friends to the Supreme Court at all cost. Belgore was then a permanent caller at the late evenings retreat of Babangida at his Dodan Barracks residence. The ex-dictator had done his calculations rightly.
An Alfa Belgore on the Supreme Court Bench proved a tactical master stroke. Belgore wielded enormous influence within the upper echelon of the country’s judicial system. He had a remarkable network of friends within the apex Court itself and once he got there it was only a matter of time before he began to influence many of his colleagues. But Belgore’s appointment was not without bad blood.
He had at least six seniors ahead of him angling for the only three available seats on the Supreme Court Bench. Amongst his seniors then were Adenekan Ademola, Philip Nnaemeka-Agu, Uthman Mohammed, Bashir Wali, Omoigherai Eboh and Mohammed Mustapha Akanbi, all brilliant justices of the Appeal Court. With utter disregard for laid down procedure Babangida simply made Belgore a judge of the Supreme Court over and above his seniors on 26th June 1986 thus creating a new reign of ill-will within the ranks of the Justices, and ensuring a divided centre at the court.
When some of them eventually joined the Supreme Court, the following year, he had become their senior by virtue of his earlier promotion, with the effect that today Belgore is senior to Bashir Wali who is now number five on the seniority list. His appointment was indeed a blessing for Babangida. For no sooner than he got on the Supreme Court bench than a wave of retirement took place. Justice Ayo Irikefe, the Chief Justice of the Federation retired and was replaced by a more pliable Mohammed Bello. Other Judges like Obaseki, Eso, Aniagolu, Nnamani, Oputa, Kazeem also opted out having reached the mandatory retirement age of 65 years. The coast was now clear for Belgore to manoeuvre. A long career spanning three decades had come to a new phase since the then governor of Plateau State, Major-General Abdullahi Mohammed, former head of the NSO, a fellow Ilorin folk, appointed him Chief Judge of Plateau State. No sooner had Belgore gotten into the apex court in 1986 than he entered a close parley with Mohammed Bello who is now considered his alter ego. After a while, in legal circles, he became known as the de facto Chief Justice because of the considerable influence he wielded during the eight year regime of Babangida. Bello virtually gave him a free hand to run the affairs of the Supreme Court.
His systematic softening of Bello’s arsenal was long prepared. As a junior lawyer at Kaduna years back he maintained a broad acquaintance network which included Bello and Ibrahim Abdullahi (SAN) in whose chambers his son now practices. In no time, Belgore’s office quickly moved next door to Bello’s even when he wasn’t the next in hierarchy. “He always acted as a man with a specific mandate” a senior court operative told TheNEWS last week.
The bonds of friendship aside, no doubt, Bello found an ideological soul mate in Belgore who arrived at the Supreme Court with a preceding reputation of a hardworking and brilliant judge. Even his clerk when he was a magistrate in Kaduna remembered the young jurist as fair, hard working, courageous and bright. But time seemed to have had an impact on Belgore’s career who now at the Supreme Court openly declared his support for the executive arm of the government. Together with Bello, he openly defended obnoxious laws such as Decree No. 2 and gave legal teeth to the ouster of courts jurisdiction which prevented the courts from exercising its constitutional jurisdiction in cases.
Yet for the sixteen months Irikefe was head of the Supreme Court, his judicial leadership did not record any locus classicus on ouster of courts jurisdiction. But Bello had hardly settled down after his appointment as Chief Justice on the 9th of March, 1987, when his Supreme Court gave its first decision on ouster of courts jurisdiction. It was in the case of Prince Kolawole Mustapha Versus Governor of Lagos State. What was in question was legal notice number 6 dated 24th July 1979 made by the military governor of Lagos State approving the appointment of Johnson Fatola as the Oloja of Igbogbo. The instrument of appointment was duly published in the official gazette. The Supreme Court held that no court in Nigeria was competent to entertain the matter.
Soon, Belgore’s effort began to manifest especially as it related to the defence of the Babangida regime’s notorious ouster clauses which served as a shield for the regime. Where it mattered, Belgore rose stoutly in defence of the regime. The thrust of his position on ouster clauses is contained in his pronouncement in the case of Chief Osadebey Versus AG Bendel State where he said any decree ousting the jurisdiction of the court does so effectively, because a Decree is a special creation of the military to shield their own peculiar method of governance; it is for this reason they make their decrees superior even to the constitution. Belgore added that, the peculiar circumstance of a military regime is a point of departure as much as the military exercise governance, their protective laws must be obeyed, and once the Decrees as clear and unambiguous as to ouster of courts’ jurisdiction in certain subject matters, the courts indeed have no jurisdiction.
He also made a similar judgement the year before in the famous case of Nwosu Versus Imo State Environment Sanitation Authority. Said Belgore: “similarly, as in military regimes, decrees of the Federal Military government clearly ousts the court’s jurisdiction, there is no dancing round the issue to found jurisdiction that has been taken away. Lawyers trained and groomed under the notion of civil liberty frown on ouster provisions in any act of parliament: so do the judges of similar background.
“But it must be remembered that the Armed Forces Ruling Council is not a parliament, neither does it pretend to be one. We have lived within their Decrees (whether by Supreme Military Council or Armed Forces Ruling Council, in act nomenclature is not relevant) for long now that there should be no doubt as to the meaning of their ouster provisions. Their Decrees, they always emphasize for avoidance of doubt, are supreme even to the constitution. It is for that purpose that legal practice will attract more confidence if administrative avenues are pursued rather than journey of discovery inherent in court action in such matters.” That was the position he held also in the 1989 case of the Attorney General of Lagos State Versus Dosumu where he observed that courts are precluded from prying into the validity of certain Edicts and Decrees of the Military regimes. In short, Belgore’s long held view is that the military in all they do ought not to be questioned.
But his views did not go unpilloried. He kept having stiff resistance from his colleagues on the Supreme Court Bench like Eso and Nnaemeka-Agu all of the time, both of whom obviously are opposed to the ouster provisions in Decree No 17 of 1984. In the 1988 case of Garba Versus Federal Civil Service in which a fire officer in the employ of the Federal government was interdicted, both of them tongue-lashed the federal government for the ouster of jurisdiction provision. The dust from this judgement had hardly settled when the Ondo State Governor promulgated a Chief’s Edict in 1984 which oust the court entertaining any suit on it.
This was in Adewunmi’s case. The Supreme Court would not have none of that. The court nullified the Edict. To date, what appeared to be the most scathing rebuttal of Belgore’s position was delivered by Nnaemeka-Agu in the 1991 Osadebe case when he remarked that, it can be said that the military administration in Nigeria never intended or set out by all their enactments to create a sort of deus ex machina - impregnable walls of no-go areas to which the interpretative and adjucative jurisdictions of courts must never reach. Rather, it is the intendment of those enactments that the courts can always go into them to find out whether their jurisdictions have been ousted; and, when they are satisfied that what is at issue is whether or not a state enactment is inconsistent with a Decree or a Federal enactment, military or civilian, the court, ought to go into them and pronounce them void.
Gani Fawehinmi in an 88 page lecture he delivered on 27th June 1991 to the Ibadan branch of the Nigerian Bar Association further rubbished that system - mending position: “It is bad enough to oust the jurisdiction of the court or judicial tribunal by legislation in a multi-party democracy. It is worse to do so in a single party democracy. It is worst to attempt to do so in a military dictatorship without any structural access to the ventilation of opposition to policies and programmes. It is unthinkable to oust the jurisdiction of the court and judicial tribunals in military dictatorship that thrives on a whimsical and capricious selection of men and women to advise in the governance of a nation. Above all, it is nightmarish to stifle the authorities of the courts and judicial tribunals by ouster of their jurisdiction in an absolute military dictatorship where one man constitutes himself into a KABIYESI of a law maker and a law executor like we have in Nigeria today.
“I submit that to take away a man’s right to the resolution of his disputes in a regular court or in a judicial tribunal is to deny him justice. Access to justice through due process of the regular courts or judicial tribunals is what separates the bestial system of a crude brute from that of civilised and rational human beings” remarked Gani Fawehinmi.
The Nigerian judiciary had witnessed cases of judges who rationalise aspects of military rule but lawyers who spoke to TheNEWS last week were convinced that Belgore had been the stoutest defender of military authoritarianism in the long history of the Supreme Court. “That irony of a judge who sees nothing in challenging dictatorship baffles me,” a senior counsel told TheNEWS saying this was another instance of the effects of long military rule on the complexion of the judiciary.
Although he is credited with a meritorious pre-supreme court history, it is disputable whether Belgore’s role at the apex court is a blessing to the institution. Of the 219 cases he participated in, TheNEWS investigations revealed that he gave a total of 36 lead judgements and offered 183 acquiescent judgements where he merely concurred with the opinion of the lead judge. Yet remarkable is that his judgement with the highest pages is the 1990 cases of Ogunleye versus Oni reported in 3 NWLR. This was a 17-page although a major actor in the drama spoke of an overwhelming evidence to get conviction judgment. There were instances of his lead judgement which are just three lines.
Unconfirmed claims of Belgore’s closeness to the military sometimes assume the status of a myth. For instance, it is alleged that Belgore authored the “judgment” sentencing late General Mamman Vatsa in 1986 December for an alleged coup against the government of Babangida. Similar claim is made on the judgement that sentenced Gideon Okar to death for his role in the 1990 August coup.
Clearly, from TheNEWS investigations, many of his colleagues hold him in contempt for his hand-maiden role to the government of Babangida.
He is reported to be an unofficial liaison officer between the two points of power. During one of the series of Fawehinmi versus government cases, at the Appeal Court in 1990, he once made a verbal overture to the Appeal court justices who were handling the case, requesting that Fawehinmi be denied bail. Belgore made it clear that Babangida was not favourably disposed towards letting Fawehinmi go just like that via a bail. But their curt reply was they had “a judicial duty” to perform as against “an official duty.” Justice Babalakin, Awoju and Kalgo disregarded him and granted the radical Lagos lawyer, bail.
Within the apex court, Belgore’s influence is sometimes interpreted in the negative. On 9 February 1993 when justices of the Supreme Court attended the wedding of Justice Saidu Kawu’s daughter, Belgore urged his colleagues to wait and attend his engagement to a fourth wife. On their return journey to Lagos from Ilorin, Justice Shehu Usman Mohammed the youngest Supreme Court judge was killed in a fatal crash. He was travelling in Belgore’s private Mercedes Benz V Boot car while he (Belgore) joined Bello in his car to Lagos. It was after the crash that it was found out that the car, indeed had no Insurance Cover.
After the accident, a source at the presidency said Belgore urged on the ex-dictator to make car gift offer to him and his colleagues. It was in reaction to his request that Babangida organised and made available as special gifts through Julius Berger, a popular foreign construction conglomerate registered and operating in Nigeria, 13 Mercedes Benz limousines, one to each of the 14 Justices of the Supreme Court including Belgore himself. Babangida reportedly paid for the cars from unknown sources but certainly not from the 1993 budgetary allocation to the judiciary.
When the Supreme Court justices realised that they had made a mistake in accepting the unusual gifts from Babangida in their private and personal capacities which run counter to the Code of Conduct for Judges and became traumatised by the media reaction to it, Mohammed Bello instructed the Chief Registrar of the court to write to the Motor Traffic Division of the Engineering Services Department of the Federal Capital Development Authority, Abuja on the matter and in a letter dated 11 August 1993, the Chief Registrar of the Supreme Court applied for what he termed Security Numbers for the Mercedes Benz Limousines. This was granted on 24 August 1993. It was after the press blew the lid off it that Belgore urged his colleagues into going to court, a step designed to stop further media commentaries on the matter and to pre-empt the on-going Eso Panel from deliberating on it.
Belgore had never masked his closeness to Babangida. When the tyrant and his family were in Egypt cooling off from the heat of an irritant press and public opinion, Belgore and his fourth wife were among the few honoured guests they received. But it remains a debate how much in material wealth the closeness had brought him.
The investment track of Belgore suggests a relatively recent bulge in his prosperity profile but he had also built a large diary investment since his days at Jos. An elderly friend of the judge dismissed recent outcry of his wealth and described it as “vindictive and unfounded rumours.” According to him “Modibbo has always been well connected with the power brokers in the north and had been rich before getting to the bench.”
Alhaji Azeez Oyerinde, a retired journalist with the Sketch described Belgore as very shy, humble, and decent man. He said: Belgore is an honest man, very reserved, brilliant and a political judge.”
But three years ago, even in Ilorin, he purchased a two storey building of six, four-bedroom flats along Lagos Road, from one Alhaji Mustapha, who owns ACORN Petroleum Service Station. Belgore, TheNEWS learnt, often calls here while extensive renovation progressed about two years ago.
Similarly at Olorunsogo area, near the pilgrim’s camp, in Ilorin, Belgore also owns a fenced building behind Lawyer Laaro’s house. The unoccupied building completed about three years ago lost its electrical fittings and sundry installations to pilferers some year back. He is also said to have extensive cattle ranches in Plateau State and in other parts of the North.
To be sure, Belgore is a scion of the Ilorin aristocracy being a member of the few powerful families in Ilorin. His father was an Alkali while his grandfather was an Islamic teacher. He was a pupil of Justice Saidu Kawu at elementary School in Ilorin. Kawu taught plumetics and mathematics before leaving for Oxford University in London to read a diploma in administration. He returned to read law at Leicester College University in 1959 again and was called to the English bar at the Lincoln’s Inn in 1963. Both men ended up at the Supreme Court during which period Belgore played even the likes of Kawu to a second place.
But there are strong claims too that Belgore’s main wealth was earned during Babangida’s era. With the result that today, he is easily the richest Judge in Nigeria although on a salary of N63,900 per annum. His asset base alone, has been conservatively assessed at over N100,000,000 (a hundred million naira). This includes two white mansions at Parkview Estate, off Gerald Road, Ikoyi, Lagos, next door to Justice Mohammed Bello’s uncompleted house, located in an exclusive area where a plot of land sells for N7.6million and the asking price for such a house is between N60 and N70million. Both men have reportedly secured a Savannah Bank loan to purchase the same properties they have since owned.
“I call that a retroactive suffle” a Lagos attorney humoured last week.
They say nothing of Belgore’s large estate in Ilorin, Kwara State including buildings at 4 station Road G.R.A. Ilorin. In the compound are two structures, an old weather-beaten one and another one still under construction. The new building which is said to be comparable only to Olusola Saraki’s house in Ilorin is estimated to cost over N25million.
He also has two houses in Jos Plateau State where he once served as the state Chief Judge. The first house which is on 7, Nagura Street, where the general manager of NEPA currently resides has been valued at N9 million, while the second house on Ahmadu Bello Way which African International Bank is occupying fetches him N659,000 per annum.
In addition to his landed properties is his fleet of posh and expensive cars, like his brand new, custom built Mercedes Benz V Boot car estimated at N6.5million with registration number FC 97 AB.
This is different from the Mercedes Benz car gift Babangida gave him. There is also a Rover Luxury Saloon car with registration number LA 7243 AP which he got at a give away price from the police.
He is said to have acquired the car from the special fleet imported by the police force when Sunday Adewusi was Police Inspector-General under the Shagari Regime. In addition to that is a N1.3million. Honda Car which he allegedly received as a gift after he completed his job as chairman of the Judicial Commission of Inquiry into fuel scarcity after the May 1992 fuel crisis.
Coupled with all these, are his substantial interests in the lucrative oil business through a registered company SAAB OIL Nigeria Limited, with registration number 206825 and incorporated on 12 October 1992 to lift crude oil. Justice Belgore uses the name of SAAD Belgore on the company. Further investigations revealed that ‘SAAB’ is indeed an acronym of the two initials of Justice Salihu Alfa Modibbo Belgore and the first two letters of the name of Ibrahim Abdullahi who also has some vested interest in the oil business. The true identity of this Ibrahim Abdullahi remains unknown, but it is strongly believed this could be his old friend, the same Alhaji Abdullahi Ibrahim, a Senior Advocate of Nigeria who is currently on the Kayode Eso panel probling the judiciary. If he is the one, would this not lead to a conflict of interest? Is this a way of suggesting the ultimate complexion of the Eso Panel? Belgore’s name has also been mentioned in the N500million contract for the construction of the Supreme Court headquarters in Abuja along with some Italians. It is alleged that government has so far paid N280million to a company Alfa Belgore has interest in for the project.
All these have raised moral questions which goes to the very essence of Belgore’s continued existence as a Supreme Court Justice, more so as there are evidences to show that most of these assets were acquired during the Babangida era.
What is more, such material acquisition contravenes the Code of Conduct for judges which amongst others stipulates, that a judge shall not engage or participate in the management or running of any private business, profession or trade; a judge must not ask for or accept any property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties and that the receipt by a Judge of any gifts or benefits from commercial firms, business enterprises or persons who have contracts with the government shall be presumed to have been received in contravention of the above prohibition unless the contrary is proved.
Justice Alfa Belgore registered as a lawyer on Friday 3 July 1964 and till now, he has been a public officer whose total gross emoluments from 1964 to date were considerably less than N2,000,000. Going by the current salaries of the justice of the Supreme Court all Belgore is entitled to as a judge is N63,900,00 per annum with fringe benefits like free quarters, one cook, one steward, one gardener, free electricity for normal domestic use, a 24 hour uniformed security guard to supplement police guard service for judges, a guest chalet, a generating plant and telephone facilities.
There is also no evidence to suggest that Alfa Belgore, declared his true assets in consonance with the Code of Conduct for judges which makes it mandatory for every judge to immediately after taking office at the end of every four (4) years; make a written declaration of all his properties, assets and liabilities and those of his spouse or unmarried children under the age of 21 years. The Code also adds that any property or assets acquired by a judge after he has declared his assets and which is not fairly attributable to income, gift, or loan approved by the Code of Conduct contained in the 1979 Constitution shall be deemed to have been acquired in breach of the Code of Conduct under the 1979 Constitution unless the contrary is proved.
So the big question: did Justice Alfa Belgore acquire his assets legally? What are the implications of having millionaires, government contractors and beneficiaries at the bench of justice? Big questions. Attempts made by TheNEWS to get an answer were rebuffed last week by Justice Belgore himself via his female secretary.
Twice, she and the two security guards at the front desk downstairs told the inquisitive reporter that “Justice Belgore does not talk to the press and so he won’t talk to you”. Even the one page request for audience was unacknowledged, which suggests that the 57 year old Ilorin jurist may not be favourably disposed towards speaking. Belgore may however be unable to keep his quiet for too long because he is to appear before Justice S.O. Ilori for questioning in the on-going N50 million libel case between himself and Concord Press Nigeria over alleged defamation by the publication. And, the defence Counsel, Chief Fawehinmi in his statement of defence has insisted that Belgore has no reputation which has suffered by the publication he complained of. Fawehinmi has again told TheNEWS in an interview that his mission on behalf of his client is to get Justice Alfa Belgore to explain the source of his fabulous wealth.
Published in The News of 4 March 1994.
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ALUKO COMMENTARY
We don't know whether it is Justice Alfa Belgore that President Goodluck Jonathan has NEVER seen (or met?) before, that he is considering for INEC Chairmanship. But just in case he is, the Yoruba say that "Igi ganganran ma gun mi l;oju, at'okere la'ti i wo" - literally meaning if you dont want a stake to poke your eyes, you start to avoid it from a far distance." In short, look before you leap!
It would also be very strange that Belgore (shortest of all tenures of Chief Justices) who took over as CJN from Uwais - and they did not see eye-to-eye - might be considered to make a run-around of the Uwais report. It flat out would be un-acceptable.
And there you have it......just in case...
Bolaji Aluko
http://en.wikipedia.org/wiki/Chief_Justice_of_the_Supreme_Court_of_Nigeria Past and Present Chief Justices of the Supreme Court of Nigeria | |
| Chief Justice | Term |
|---|---|
| Adetokunbo Ademola | 1958 - 1972 |
| Taslim Olawale Elias | 1972 - 1975 |
| Darnley Arthur Alexander | 1975 - 1979 |
| Atanda Fatai Williams | 1979 - 1983 |
| George Sodeinde Sowemimo | 1983 - 1985 |
| Ayo Gabriel Irikefe | 1985 - 1987 |
| Mohammed Bello | 1987 - 1995 |
| Muhammad Lawal Uwais | 1995 - 2006 |
| Salihu Moddibo Alfa Belgore | 2006 - 2007 |
| Idris Legbo Kutigi | 2007 - 2009 |
| Aloysius Katsina-Alu | 2009 - present |
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