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The Smart Alec called Achraf Hakimi

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The divorce epidemic in the world and its attendant crises in divorce property sharing assumed a different colour last week in the matter of Moroccan, Achraf Hakimi Mouh and his erstwhile wife, Spanish actress, Hiba Abouk. Hakimi is reported to be Africa’s sixth highest-paid player whose extreme popularity has stuck to him like a lapel since he led his home country, Morocco to the semi-finals of the 2022 FIFA World Cup.

The French magazine, First Mag, had reported that in her claim upon the grant of the divorce by the court, Hiba had requested for half of Hakimi’s assets and fortune. However, the actress, reported the magazine, was shocked when her lawyer found out that Hakimi literally had nothing in his name as the beneficiary of his salary and wealth was his adored mother, Saida Mouh, to whom he transferred his wages for several years. The news reverberated across Spain, France and Morocco and indeed, the rest part of the world.

Hiba is of Libyan and Tunisian descent. Full name Hiba Aboukhris Benslimane, she was born in Madrid as the youngest of four siblings. Her parents, who migrated from Tunisia, had earlier settled in Spain. Hiba studied at the French Lycée, Madrid and graduated at age 18. She thereafter underwent courses in Arabic philology, graduating with a licentiate degree in drama. Renowned for her roles in television series, the most exampled being El Príncipe, in a 2012 show, she starred in comedy series for the first two seasons. She later appeared in a debut El Príncipe crime drama series which was featured on a Spanish free-to-air channel called Telecinco. Watchers of the drama series were estimated to be in the neighbouhood of five million. From 2010 when her acting career began, Hiba was on record to have featured in six movies.

Her husband is the 1998-born Moroccan professional footballer who plies his footballing trade with Ligue 1 Club of the Paris Saint-Germain. He is known to be friends with Kylian Mbappe and recently gained global attention in the reported unusualness which his divorce from Hiba took.

Indications that the marriage between the duo had hit the rock was given by the actress when on March 27 of this year, she took to her Instagram account to announce that she and Hakimi had separated and were waiting for the court to finalize their divorce proceedings. The marriage was blessed with two sons, Amín, 3, and Naim, 1 who were birthed in 2020 and 2022. There was earlier fear that Hakimi’s investigation in Paris on allegation of rape had fuelled the divorce. On March 3, 2023, Hakimi’s indictment was pronounced by a Paris investigating judge who, on the pending allegation of rape he was ensconced in, placed him under judicial supervision. Hakimi had been accused of raping a 24-year old lady right in his Boulogne home while his wife and kids had travelled on holiday. The alleged rape, which took place on the Sunday night of February 26, was broken to the world by the popular tabloid, Le Parisien. Though his lawyer, Fanny Colin, put up a spirited denial of the allegation, the proceedings went on nevertheless. Replying to Le Parisien, Colin had been quoted to have said, “The accusations are false. He is calm and is making himself available to the authorities”. Part of the legal proceedings was a ban placed on Hakimi never to contact the victim of his alleged rape binge. He was however allowed by the court to travel out of the French territory.

Details of the divorce proceedings between Hakimi and Hiba came to the full glare of the world last week, indicating that the couple had been working towards separating legally even before the alleged rape matter cropped up. Suspicions became rife when Hiba expunged her pictures and Hashimi’s from her Instagram page which took place almost immediately the Moroccan international got embroiled in the February rape case. From what was known about Hiba, she had a fortune of hers and probably made the claim to have her pound of flesh on her allegedly adulterous husband.

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In comparison with her husband, Hadi is said to be worth the sum of $2million while Hakimi’s net worth is $24 million, eighty percent of which is in the possession of his mother. She is said to be responsible for all the purchases made by Hakimi which included cars, jewelry and clothes. Hakimi’s monthly earning from PSG is said to be $1million, sharing this high worth with Lionel Messi and Neymar da Silva Santos Jnr. The 20 per cent of his paycheck that he keeps is also said to be in the neighbourhood of about $215 weekly. Were the Moroccan defender’s wife to succeed with her claims in the divorce proceedings, she would have got a whopping sum of $8.5million awarded her.

While it was not an issue when they got married, the African conservative abhorrence of a wife older than the husband in matrimony was said to be one of the reasons that triggered the move towards the divorce. A sizeable age gap exists between the duo. While Hakimi is 24, Hiba is 36, a whole twelve years separating them. In an interview in March with El Cierre Digital, Hiba had said her decision to get married to Hakimi was her desire to have a home life, in concert with her husband and children but found out that Hakimi relished the life of a sybarite, partying and living the reckless life of a bachelor.

On the March 27 statement she released via her official Instagram account, Hiba defended her silence on the rape issue but doubled down on her divorce plans. The El Pais, a Spanish newspaper, had quoted her as having said, “After having taken the decision to legally separate and to stop living together whilst awaiting the divorce procedure, which you can imagine, on top of the pain brought about by the separation, as well as having to accept the sadness that a failed project, which I gave my body and soul, brings, I was supposed to face up to this disgraceful act? I needed time to come to terms with this shock. One must trust the legal process, especially considering the gravity of the accusation. Nonetheless, in my life, I always have been, and always will be, on the side of victims.”

Since the details of the divorce property sharing in the proceedings were made known to the world, stands have been taken by people from all walks of life for and against both Hadi and Hakimi. When a legal action is instituted to terminate a marriage, one of the issues that come out of it is how the property which was accumulated during the pendency of the marriage must be shared between the two parties. While this is alien to most of Africa where patriarchy is the order of the day, which is a major bequeathal from traditional African practices of centuries ago, in many other civilized countries, the sharing is pegged on a matrimonial property system. This depends on the particular type of system the parties chose when they were embarking on the marriage.

The African traditional system is in support of divorcing women, for various reasons. Ezinna E Enwereji of the Abia State University’s College of Medicine, Uturu, in her paper entitled Indigenous Marriage institutions and divorce in Nigeria: The case of Abia State of Nigeria, named these reasons as “infidelity, infertility/barrenness impotence, probing a husband’s sexual life inability to reproduce male children and/or large number of children, laziness in taking on assigned gender roles, including farming, cooking late and/or inability to cook delicious food, disrespect to husband and his kinsmen, deviant actions like stealing, prostitution, witchcraft, fighting, especially in public, cases of leprosy, tuberculosis, epilepsy and sexually transmitted infections.”

Though divorces were frowned at in Africa, whenever they occurred in the pre-colonial era, the wives lost totally, even losing the right to custody of the children of the marriage. In some societies of Africa, it was even a taboo for a wife to demand from her spouse whether he had extramarital sexual relationships, catching him red-handed notwithstanding. If she does, she might get divorced for this audacity. When such husband divorces the wife, he will return her to her parents and defrost her of all the resources she might have acquired during the marriage or even which they both labored for. He will then demand the repayment of the bride price he paid on her. It does not matter who initiated the divorce. When the bride price is returned, it is a signification that the marriage had come to an end. Even in the case where a marriage is dissolved by the order of the customary court, the court will still hold that “it is the refund of the bride price or dowry that puts to an end all incidents of customary law marriage and not an order of any court dissolving such marriage. Any order dissolving any customary law marriage without a consequent order for the refund or acceptance of the bride price or dowry is meaningless”. The woman thus divorced is visited financial hardship and most of them never recover from it.

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While the customary law marriage pretends that there is Settlement of property in it, it is applicable in theory only as an available relief while, in practice, it is non-existent. Among the Igbo, for instance, wives are still viewed traditionally as one of the chattels and property or possession of the husband and thus, whatever she must have acquired while under the roof of the man, stricto sensu, is the man’s. In such a case, it is always very difficult to ascertain what property belongs to the woman upon divorce. Even when assets are singly or jointly acquired, they can only be ceded or parts given to the woman upon the “magnanimity” of the man. Thus, in settlement of property under customary law, it becomes a discretionary relief for the man to grant his exiting spouse settlement of property.

The above must be the reason many men, including Hakimi’s countrymen and women, were fuming at what they considered Hadi’s “legal ploy” to take a half of her husband’s wealth upon the dissolution of the marriage and their excitedness that Hakimi “outsmarted” the actress.

However, many jurisdictions are conforming to the advocacies of feminist activists who have argued that such system was too punitive against the woman and should be reversed. One of the countries that has tinkered with its own divorce property system is South Africa. There, the legal system is based on the inherited colonialists’ model and codified in the Matrimonial Property Act 88 of 1984. It controls the property sharing model. This Act spells out the different matrimonial property systems which are available to couples in the country, depending on the type of marriages or unions that they choose to bind them legally, from civil, customary marriages and civil unions.

In the civil matrimonial property system of South Africa, there exist three main matrimonial property sub-systems. They are, out of community of property and in community of property. The last is what is called the accrual system. In the out of community property system, if a divorce proceedings is instituted, the property in the marriage is very easy to share and the marriage easier to dissolve because each of the party owns its own estate and their individual assets and liabilities, from the beginning of the marriage, have been known and delineated by the two of them as held separately.

In the in community property system, the estates of the spouses are merged to become a single joint estate during the pendency of the marriage and thus, the husband and wife, during divorce proceedings, are forced by law to share all their assets and liabilities. In this system, when dissolution of the marriage is effected, the court will pay all their liabilities and the balance of this joint estate will be divided in equal measure between the spouses.

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If the spouses got married through the accrual system, as their estates multiply during the marriage, they will equally share them but retain their individual estate. Whatever is the accrual from these estates will go into their individual separate estate. Another feature of this system is that spouses cannot be held liable for debts incurred and during divorce proceedings, this sharing method automatically governs the dissolution of the marriage and the asset-sharing system.

The Nigerian matrimonial divorce systems under the Act and Customary Law are both clones of the old traditional practice that sees women as chattels and undeserving of partaking in the property of their spouses, upon dissolution of marriage. It is why Nigerian men have been most vociferous in the celebration of the “feat” of Hakimi. There is no doubting the fact that the ordinary rules of property law which are applied in the determination of the property rights of spouses in Nigeria have wrought financial hardship on women who are seen as weaker vessels. It should be known however that, while men are perceived as ones who go out to provide for the home, no financial or material wealth can surpass the glue and hold that women provide for the family.

While the Hakimi case will look as if he was a Smart Alec, there are some pivotal issues that favour him against Haidi. One is that, the marriage was only three years old. Thus, if the request of the Libyan-born actress had been granted, she would have reaped from where she didn’t sow because the footballer must have been amassing his wealth before their marriage. The second issue, which would have availed that marriage, is the benefit of conciliation which Africa usually witnesses in matrimonial disputes but which, I guess, was not available to the ex-spouses due to the nature of the individuality of the west. Now that potential wives have seen the Hakimi case, subsequent men who try to be smart like Hakimi may not be lucky as potential wives will most certainly begin to poke their noses, with audacious scrutiny, into the process and procedure of the wealth of their future husbands.

All said, the Nigerian property sharing model during dissolution of marriage is repugnant to natural justice as it affects women. There should, as a matter of urgency, be a reconsideration of the matrimonial property rights arrangement among spouses that is operational in Nigeria today. This piece calls for a review of the Matrimonial Causes Act 1970, the main law that governs matrimonial relations in Nigeria. This should be done with the view that the concept of due and equitable sharing of “matrimonial property” can be made applicable and operational during the pendency of marriages, as well as the critical stage of divorce in Nigeria.

 

Dr Adedayo, a journalist, lawyer and columnist writes 

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Opinion

OYO101: ADELABU— When will this generational ‘UP NEPA’ chant stop?| By Muftau Gbadegesin

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The Minister of Power, Oloye Bayo Adelabu, has apologized for lashing out at Nigerians over poor energy management.

I hope Nigerians, especially our people from Oyo state, forgive and overlook his Freudian slip. Given that apology, I believe the minister has realized his mistakes and will subsequently act accordingly. In days that followed the minister’s vituperation, many otherwise cool-headed and easy-going observers quickly joined the band of critics and cynics. By the way, what BAND do you think those critics belonged to?

Plus, how best do you describe kicking someone who is down already? The flurry of condemnation that followed Oloye Adelabu’s ‘AC-Freezer’ sermon must have surprised and shocked him. Instead of sticking to his prepared speech, he decided to dash off by telling Nigerians some home truth. Quite amusingly, the truth, it turns out, is not the truth Nigerians want to hear. And as they say, ‘There is your truth, my truth, and the Truth.’ The fact is that Nigerians are angry at many things, the sudden hike in electricity tariff being one.

Perhaps the Minister’s press conference, an avenue to calm fraying nerves and address critical issues, quickly congealed into an arena for an intellectual dogfight – if you watch the video, you will hear the murmur that rented the air the moment that terse statement was uttered. While some influencers tried to downplay the minister’s jibe, they were instead flogged in their whitewashing game. Frankly, I am not interested in the minister and the energy management brouhaha. What I am indeed interested in is what the ministry and minister are doing to restore light in a country where darkness has permeated much of its landscape – don’t mind the confusion the minister and the ministry have created to disrupt the conversation around that vital sector of the economy.

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‘Up NEPA’, Lol

Trust Nigerians. When the defunct National Electric Power Authority failed to end the perennial and persistent darkness in the country, it was ironically dubbed ‘Never Expect Power Always.’ And when the company morphed into PHCN, Nigerians berated the name change, saying the company would hold more power than it would release. True to that assumption, PHCN indeed held more power than it gave to the people.

Then, in 2013, Nigerians woke up to the news of DISCOs, GENCOS, GASCOs, and so on. DISCOs for distribution companies, GENCOs for generating companies, and Gascos for gas suppliers. Of all these critical value chains, only DISCOs were handed down to private enterprises. Think of IBEDC, AEDC, IEDC, BEDC, etc. Unfortunately, the privatization of the distribution chain hasn’t transformed the sector’s fortune for good. More interested in the money but less motivated to do the dirty work of revamping the infrastructure.

Like a typical Nigerian in a ‘band E’ environment, I grew up chanting the ‘Up NEPA’ mantra whenever power is restored at home – and I am not alone in this mass choir. As a rural boy, the ‘Up NEPA’ chant is etched into our skulls from time immemorial. Sometimes, you can’t even tell when you start to join the chorus; you only know that you say it automatically and auto-magisterially. Many years down the lane, the persistent power cuts, blackouts, and grid collapses have worsened. And under Minister Adelabu, power supply, based on my little experience, has never reached this depressing point in history.

As a content creator, I can tell you Oloye Adelabu may likely go down in history as the most inconsequential minister of power unless something drastic is done to restore people’s confidence and bring about a steady, stable, frequent, and regular power supply. You may have seen on social media how most Nigerians who migrated abroad often find it difficult to shed that ‘Up NEPA’ chant from themselves once a power cut is fixed in those countries. Like the rest of their countrymen, they have internalized that mantra. Only after they’ve acclimatized to their new environment would they become healed of that verbal virus ultimately.

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‘Adelabu, end this chant’

This is a challenge. In my column welcoming Oloye Adelabu into the critical ministry of power, I asked a rhetorical question: Can Adelabu end the penkelemesi in the power sector? In Nigeria, is there any other economic sector troubled by multidimensional and multifaceted peculiar messes than the power sector? Adelabu’s grandfather, Adegoke Adelabu, was nicknamed Penkelemesi. History has it that the colonial masters, tired of that Ibadan politician, decided to describe him in the punchiest way possible: a peculiar mess. Quickly, a peculiar mess spread across like wildfire: the white men have described Adegoke as a peculiar mess. Translated to Yoruba, we have Penkelemesi. In retrospect, the minister must have realized the situation he met on the ground is better than what is obtainable now. He needs to own up, chin up, and take full responsibility for this total blackout.

‘Minister Fashola’

Babatunde Fashola, SAN is a clever man. For four years as minister of power, he avoided cutting controversy. But long before he was appointed, he had stirred quite an expectation around fixing the rot in the sector. He had jokingly said his party, the APC, would resolve the crisis of perennial blackout in one fell swoop. He categorically gave a timeline of when Nigerians in the cities and villages will start to enjoy regular power supply: six months. After four years of setbacks, Minister Fashola was forced to eat his vomit: the power crisis in Nigeria is deep-seated and chaotic. Oloye Adelabu has made more enemies than friends in less than a year. The minister may survey his performance among Nigerians to test this hypothesis. The truth is the truth. The mismatch between the minister’s area of competence and his assigned portfolio hasn’t helped matters as well. And this is a cavity many of his critics and traducers are banking on.

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For the first time in decades, Adelabu stands on the threshold of history: will he end this generational ‘UP NEPA’ chant once and for all? Time will tell.

OYO101 is Muftau Gbadegesin’s opinion about issues affecting the Oyo state. He can be reached via @muftaugbade on X, muftaugbadegesin@gmail.com, and 09065176850.

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Yahaya Bello: Do we need to prosecute ex-govs?

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I followed the drama of unimaginable scenes that unfolded in Abuja last week, as the Economic and Financial Crimes Commission(EFCC) moved to arrest and arraign the immediate past governor of Kogi State, Alhaji Yahaya Bello, in respect of alleged mismanagement of funds. I called it a drama of unimaginable scenes because the EFCC had laid siege to the house since very early in the day, knowing that its target, the “White Lion of Kogi State” was holed up somewhere in the compound.

But before the very eyes of the EFCC operatives, the man they had waited all day to catch, just slipped off their hands effortlessly. They claimed that he was rescued by his cousin, the incumbent governor of the state, Usman Ododo, who is protected by constitutional immunity. But EFCC lawyers would claim that Section 12 of the Administration of Criminal Justice Act (ACJA) empowers the body to break into houses to effect arrest.

Maybe that’s a story for another day. But it was surprising they didn’t think of that option. Bello was said to have stayed put in the Government House Lokoja since indication emerged that the EFCC was on his trail. So the easiest thing for the Kogi governor to do was to drive into the troubled house and then fish out a troubled cousin.

The Yahaya Bello saga is just the latest drama between the EFCC and former governors. Some time ago, we witnessed the Ayo Fayose drama. The former Ekiti State governor, whom EFCC was unable to arrest while in office put up some drama when he arrived at EFCC’s office wearing a branded ‘T’ shirt with the inscription: “EFCC I’m here.” Some of his loyalists helped him with things he needed to use in the EFCC detention.

Aside from that, we have also witnessed the Willie Obiano saga. The former governor of Anambra State was accused of misappropriating the state’s funds and has since been taken to court. Immediately after handing over the reins of power in Awka, the man had planned to jet out of the country but had to be stopped as EFCC operatives grabbed him at that exit point. We were also witnesses to the back and forth between the former Governor Abdulaziz Yari of Zamfara State and the EFCC. The commission had accused Yari of mismanaging billions of Naira and moved to arraign him.

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There were accusations and counter-accusations until Yari landed in the Senate, and things became quiet. The drama between the ex-Imo State governor, Rochas Okorocha, was interesting while it lasted. The commission had laid siege to the residence and eventually entered through the roof. We saw a terrified Okorocha and his household, praying fervently for God’s intervention as operatives jumped in to grab their suspect.

The list I have above is by no means exhaustive of the dramatic exchanges between the EFCC and some former governors accused of one financial misdeed or the other in recent years. One thing is, however, common to all the cases, after the the initial bubbles, the whole thing dies down as the retreating waves. Next to nothing is heard of the cases as the neck-breaking snail-speed of the nation’s judicial system takes over. Year after year, it is about one injunction or the other. Many of the accused had gone ahead to seek elective posts and won, many others have taken appointments and the law cannot stop them from utilising the benefits of the allegedly looted resources to gain an advantage since our laws presume individuals innocent until proven guilty.

The books of the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPCC) are full of such individuals who have allegations of hundreds of billions of Naira hanging on their necks. Many of them are busy swinging the official chairs in government offices as we speak. God forbid, one of such should, gain control of the nation’s presidency one day!

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Well, to forestall such a scary development, I think we need an antidote to these endless anti-corruption trials. The endless trial is not just a drain on the energy of the lady justice. It drills a gaping hole in the state’s resources as well. Imagine the legal charges the state incurs in taking several cases through the layers of courts. It is also possible some of the accused, who are innocent of the accusation could die in the process of trials and thus carry an unnecessary burden of guilt (at least in the eyes of the public) into their graves. The late governor of Oyo State, Otunba Adebayo Alao-Akala was able to win his case against the EFCC after 13 years, he died not long after the ‘not guilty’ verdict was pronounced. Former President of the Senate, Adolphus Wabara was also on the bribe-for-budget case preferred against him for more than ten years. Luckily, he was alive to receive his ‘not guilty’ verdict as well. Some may not be that lucky.

To stem this tide of seemingly endless trials of politically exposed persons, I want to suggest amendments to the EFCC and ICPC Acts to lay much premium on thorough and discreet probes of financial crimes rather than dump the results of the investigations in the court, the suspects should be called in and shown the traces of the illegally taken funds and their destinations. If the suspect is ready to refund at least two-thirds of the stolen funds to the coffers of the government, the agency involved, under the supervision of a competent court, could sign an irrevocable non-disclosure agreement and collect the funds into a special basket created for that purpose and which will be used for infrastructural development.

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Such an agreement should also take care of any possible penchant for grandstanding by any politician who could mount the podium one day and claim never to have been indicted of financial crimes. As much as the government would not waste time and resources prosecuting him or her, he should also be barred from active politics and playing godfather roles. If we do this, we will not only save time and resources, but we will get back a sizeable amount of the looted funds into government coffers for developmental purposes.

By Taiwo Adisa

This piece was first Published By Sunday Tribune, April 21, 2024.

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Opinion

Tinubu’s Naira Miracle: Abracadabra or Economic Wizardry? | By Adeniyi Olowofela

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Prior to assuming the presidency of Nigeria, Asiwaju Bola Ahmed Tinubu garnered the confidence of the majority of Nigerians with the promise of rescuing the country’s economy from the impending disaster it faced.

For the past 43 years, the Naira has been steadily depreciating against the Dollar, as illustrated in Figure One.

The graphs below unequivocally depict the exponential rise of the Naira against the Dollar from 1979 to 2022. This sustained upward trend would have theoretically resulted in the Naira reaching 2,500 Naira to one Dollar by now.

 

 

This situation led some individuals to hoard dollars in anticipation of profiting from further devaluation of the Naira.

However, under President Bola Tinubu’s leadership, the Nigerian federal government successfully halted the expected decline of the Naira.

The Naira has appreciated to 1,200 Naira to a Dollar (Figure 2), contrary to the projected 2,500 Naira to one Dollar, based on the exponential pattern observed in Figure One.

This achievement demonstrates unprecedented economic prowess. If this trajectory continues, the Naira may appreciate to 500 Naira against 1 Dollar before the conclusion of President Bola Tinubu’s first term in 2027.

While the purchasing power of the average Nigerian remains relatively low, there is a palpable sense of hope on the rise.

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It is hoped that the Economic Team advising the President will continue their efforts to stabilize the economy and prevent its collapse until Nigeria achieves economic prosperity.

The government’s ability to reverse the Naira’s free fall within a year can be likened to a remarkable feat, reminiscent of a lizard falling from the top of an Iroko tree unscathed, then nodding its head in self-applause.

Mr. President, we applaud your efforts.

 

Prof. Adeniyi Olowofela, the Commissioner representing Oyo State at the Federal Character Commission (FCC), writes from Abuja.

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