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Final Written Address (3): Peter Obi slams INEC for violating Electoral Act on BVAS & IReV

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The Labour Party presidential candidate, Mr. Peter Gregory Obi, has presented facts and concise argument on issues for determination before the Presidential Election Petition Court (PEPC), accusing the Independent National Electoral Commission (INEC) of violating the electoral laws as enshrined in the Constitution, as amended, as well as the Electoral Act 2023.

In Peter Obi’s Final Written Address presented to the Tribunal challenging the 2023 presidential election held on February 25, 2023, as conducted by INEC which saw the All Progressives Congress (APC) presidential candidate, Bola Ahmed Tinubu, declared winner, he stated amongst other things:

1. From the purported result of the Presidential election announced/declared by the 1st Respondent on 1st March 2023, Tinubu and his running mate, Senator Kashim Shettima, did not win one-quarter (25%) votes cast at the election held on the 25° February 2023 in the Federal Capital Territory, as required by the correct meaning and interpretation of the provision of Section 134 (2) (b) of the 1999 Constitution as amended.  

2. The Petitioners also cited non-compliance with the electoral act and the subsidiary legislations made thereunder, for the conduct of the presidential election conducted on the 25th February 2023. He stated:

The pertinent question is, how can an election result that lacks transparency, violates specific rules and regulations, palpably compromised, not susceptible to verification by the admitted technological platform introduced as an innovation for a transparent process, and contravenes clear constitutional provisions, be rightly described as “accurate” and or authentic.

In the ensuing paragraphs, we will show that by the unchallenged evidence before the Honourable Court, the Petitioners established that the 1st Respondent who had the statutory duty to conduct the Presidential election, manifestly threw overboard the mandatory requirements of the Electoral Act, 2022 and the subsidiary legislations made thereunder, for the conduct of the 2023 General election, particularly the questioned Presidential election. The Petitioners will urge the Honourable court, to uphold that non-compliance with the binding statutory provisions in the conduct of the Presidential election, substantially affected the purported declaration and return of the 2nd and 3rd Respondents as the alleged winners of the Presidential election.

In proof of its case, the Petitioners called as witnesses PW2; Anthony Chinwo, a Cloud Engineer/Architect, PW3; Staff of Channels Television, PW4; A Professor of Mathematics, who produced and tendered expert report of the data analysis on the result of the 25th February 2023 Presidential Election, PW5;Staff of Arise TV, PW6; Staff of AIT, PW7; A Cloud Engineer/Architect and Employee of Amazon Web Services and PW8; the Cyber security and Risk Advisory Consultant among other witnesses. The above identified witnesses gave expert and specialist/technical evidence before the Honourable court. Despite the vigorous cross-examination of the expert witnesses, their evidence on the particular subject they testified remained unchallenged.

Preparatory to the conduct of the 2023 General Elections, the INEC publicly represented that as enjoined by the Electoral Act, 2022, it would use technology for the conduct of the election. By the use of technology, it assured that it would use the BVAS for both accreditation of voters, upload and transmission of the results of the election on the day of election in real time to the INEC Result viewing portal (IReV).

The upload and transmission of the result of the election from the polling units, using the BVAS to the IReV was a significant feature of the 2023 General Election which it severally represented and marketed to both the Nigerian public and the international community as a major innovation/introduction that would guarantee transparency in the conduct of the 2023 General Election. This representation, described by the 1st Respondent as a major innovation, was established before the Honourable Court witnesses. From the video recording shown and played in open Court, the above representation was made locally here in Nigeria, and also, to the International Community at Chattam House London, during which the Chairman reaffirmed that INEC was irrevocably committed to the online real-time transmission of the election results from the polling units to the IREY on the day of the election.

The word “electronically transmit/transfer” is a technical term which refers to transfer of digital files or data from a device such as BVAS to a server such as the IReV. The Electoral Act 2022 clearly provided that, “The presiding officer shall transfer the results including total number of accredited voters and the results of the ballot in a manner as prescribed by the Commission”, failure of which is punishable upon conviction with a fine or imprisonment.

The requirements for the presiding officer to “transfer the results….in a manner prescribed by the Commission”, connotes that the clear intention of the lawmaker is that any non-compliance with the sub-section, will attract serious consequences.

The Regulations and Guidelines for the Conduct of the Election 2022 and the Manual for the Election Officials 2023 made by INEC are subsidiary legislation promulgated by INEC in accordance with the provision of Section 148 of the Electoral Act 2022 were neglected. This Honorable Court was emphatic that “the manual for the conduct of elections and their guidelines are meant to be obeyed…” and are not mere instructions or directions; rather, they are subsidiary legislations which have the force of law. They have their origin from the Constitution and the Electoral Act.”

INEC prescribed the manner for the “transfer of result including total number of accredited voters and the results of the ballot” in its Regulations and Guidelines and the Manual for Election Officials.

Paragraph 38 (i) and (ii) of the Regulations and Guidelines specifically provides that: “on completion of all the Polling Unit voting and results procedures, the Presiding Officer shall:

⦁ Electronically transmit or transfer the result of the polling unit, direct to the collation system as prescribed by the commission.

⦁ Use the BVAS to upload a scanned copy of the EC8A to the INEC result viewing portal (IReV) as prescribed by the commission.

The result electronically transmitted/transferred, shall serve as the benchmark for a proper collation of the result of the election in a polling unit.

The Manual for Election Officials, under the sub-heading “electronic transmission/upload of election result and publishing to INEC Result Viewing (IReV) Pmial”, captured the fundamental importance for the requirement of electronic transmission of the result of the election as follows:

“One of the problems noticed in the electoral process is the irregularities that take place between the Polling Units (PUs) after the announcement of results and the point of result collation. Sometimes results are hijacked, exchanged, or even destroyed at the PU, or on the way to the Collation Centers. It becomes necessary to apply technology to transmit the data from the Polling Units such that the results are collated up to the point of result declaration. The real-time publishing of polling unit-level results on IReV Portal and transmission of results using the BVAS demonstrates INEC’s commitment to transparency in results management. This commitment is backed by the Electoral Act 2022, which confers INEC with the power to transmit election results electronically. The system minimizes human errors and delays in results collation and improves the accuracy, transparency, and credibility of the results collation process”.

INEC,  in recognition of the internet challenges that may hamper the transmission of the result of the election as part of the collation process, also provided that “the e-transmission application has been updated to work offline, when and where there is no network. This guide seeks to show the configuration of the e-Transmission application on the BVAS to enable it to perform the offline and online”.

In furtherance of the above provisions in the Electoral Act, Regulations and Guidelines and the Manual for Election Officials, INEC, through several media and press briefings, represented/reassured Nigerians and the International Community of its commitment to the compliance of the law by the electronic transmission of the election results from the polling units using the BYAS to the IReV and that this commitment and compliance were not negotiable.

The appropriate question is whether INEC, having publicly represented/assured that it was irrevocably committed to complying with the law by electronic transmission/upload of election results from the polling units to the IReV Portal as prescribed by INEC itself, is INEC not estopped from reneging from this publicly given assurance/representation?

Apart from the press briefing containing the representations/assurances given, INEC also, by a Press release dated November 11, 2022, captioned “alleged plot to abandon the transmission of polling unit result to IReV Portal” and signed by Festus Okoye Esq, National Commission and Chairman Information and Voter Education, re-emphasized that the “Commission has repeatedly reassured Nigerian that it will transmit result directly from the polling unit the

In deliberate mischief contrived and engineered by INEC in the conduct of the Presidential election, in response to the Subpoena dated 13th June 2023, issued by this Honourable Court commanding it to produce the above referenced Press release, the Deputy Director of Legal Drafting Department, on behalf of INEC, boldly told the Court that the said Press release dated 11th November 2022, does not exist and not in the records of the 1st Respondent. However, in his evidence before the Honourable Court, PW8, who adopted his written witness statement on oath as his evidence in chief, provided unchallenged expert evidence and testified inter alia as follows:

“I am further aware that the INEC website http://wpl.inecnigeria.org contains publicly accessible information of resources/materials published and issued by INEC from 2018 to 2023. Specifically, the uniform resource identifier (URI) http://wpl.inecnigeria.org/wp-content/uploads/2022/ll/1-2-500×749.jpeg contains the INEC Press Release dated November 11, 2022, captioned “Alleged Plot to Abandon the Transmission of Polling Unit Results to IReV Portal” and signed by Festus Okoye, Esq. National Commissioner and Chairman Information and Voter Education Committee. A Copy of the above Press Release, which I downloaded from the publicly available URI is attached as Exhibit B.” The press release was admitted in evidence by the Court.

L45 It is submitted that, when the press release dated 11th November 2022; Exh PCK2 (which the 1st Respondent’s Deputy Director Legal Drafting Department, half-heartedly denied its existence) 1s examined together with the representation/assurance given by the 1st Respondent as per the evidence of PW3, it follows that the prescribed requirement for the uploading/electronic transmission of the result of the election in real time and during the election, from Polling units using the BVAS to the IReV Portal, is a fundamental and indispensable requirement of the election process under the Electoral Act.

Recently, the Supreme Court clarified that, while “there is no part of the Electoral Act and INEC Guidelines that require that election result of a polling unit should on the spot during the poll be transmitted to the INEC National Election Register of data base, “… the Regulations provide for the BVAS to be used to scan the complete result in Form EC8A and transmit or upload the scanned copy of the polling unit result to the Collation System and INEC Result Viewing Portal (IReV)…” (underlining for emphasis)

The polling units results transmitted to the collation system provides the relevant collation officer the means to verify a polling unit result as the need arises for the purpose of collation. The results transmitted to the Result Viewing Portal is to give the public at large the opportunity to view the polling unit results on the election day. It is clear from the provisions of Regulation 38(i) and (ii) that the Collation System and Result Viewing Portal are different from the National Electronic Register of Election Results. The Collation System and Result Viewing Portal are operational during the election as part of the process, the National Electronic Register of Election Results is a post-election record and is not part of the election process.”

The decision in OYETOLA v. INEC supra, properly read and understood, supports the Petitioners contention that the uploading/electronic transmission of the results of the election in real time or during the election, from the polling units to the IReV, is a mandatory requirement of the electoral process.

The only reason invented by INEC for its manifest non-compliance with the above mandatory prescription for the upload/electronic transmission of the result of the election from the polling unit to the IReV, is alleged occurrence of “technological glitches” on the day of the election.

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Peter Obi’s Final Written Address To Tribunal: On BVAS & IReV We Stand (Pt. 2)

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Analysis

Nigeria is radicalizing the Igbo, one injustice at a time ~ by Abolaji Rasaq

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There’s something about persecution that does two things to a people: it either breaks them, or it makes them beasts of survival.

For centuries the Jews… they were hunted, hated, and humiliated by empires. But they didn’t vanish.

They evolved. They adapted. And today, the Jews are arguably the most powerful tribe in the world economically, intellectually, and politically. Ruthless when necessary.

They are unapologetic about their survival. Now, look at the Igbo. A tribe known for industry, resilience, and brilliance.

A people who just want to live, do business, and thrive. But Nigeria doesn’t want that. Nigeria wants control.

Nigeria wants submission. And the one thing the Igbo have never known how to do is bow. And that’s the real issue.

So what does Nigeria do? It sidelines them. Isolates them. Provokes them. Bombs their villages under the guise of security.

Locks up their agitators. Shuts down their businesses. Mocks their pain. Ignores their history. Prevent them from voting. Play politics with their education. Sponsored bigotry on them.

And then Nigeria pretends to be surprised that there’s growing radicalization in the East?

Let me be clear: The Igbo didn’t start this fire. Nigeria did.

And history, the very same history we keep refusing to learn from, has shown us that when you keep pushing a tribe that knows how to survive, they evolve into something stronger, something unstoppable.

It’s happened before. With the Jews. Europe tried to exterminate them. Instead, they became the backbone of global finance, media, tech, and diplomacy.

You don’t touch a Jew today without consequences. You don’t push them to the wall and expect them to stay quiet.

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Now Nigeria is doing the same to the Igbo, pushing, prodding, provoking.

But here’s the warning: when you push an animal to the wall, it doesn’t stay calm. It fights back. It bites. And this time, when it bites, don’t act shocked.

But this isn’t just about the Igbo solely. Nigeria has perfected the art of creating monsters, then acting surprised when they bite.

The Niger Delta? Radicalized. The region was exploited for oil, polluted beyond repair, and ignored until their youths picked up arms.

The Fulani terrorists? Radicalized. Left behind by the same government that claimed to represent them, now manipulated by religion and resentment.

The Almajiri? Radicalized. Abandoned by an elite that used their poverty as a vote bank and then left them to rot.

The Agbero? Radicalized. Uneducated, weaponized, and unleashed as tools of political chaos.

Even the middle class is slowly being radicalized, not with guns, but with hopelessness. That, too, is a ticking time bomb.

A nation cannot continue to marginalize its most brilliant tribe and expect peace.

The Igbo are not docile. They are not quiet. They are not forgetful. They are survivors, and survivors don’t beg for space forever. At some point, they take it.

The Igbo didn’t set out to be radicals. They were made into one by a country that won’t stop seeing their confidence as a threat.

You can’t keep pretending unity means silence. You can’t keep preaching peace while planting injustice.

The Igbo are not asking for too much, they just want to live, build, and grow.

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But if you insist on turning their dignity into defiance, their enterprise into enmity, and their survival into sedition, then you are creating a monster.

And if history has taught us anything, it’s this: when a persecuted people decide that survival is no longer enough, when they decide to stop running and start resisting, they don’t just fight back. They win.

Nigeria must understand this: you cannot keep pushing people into a corner and expect submission.

When you back a lion into a wall, don’t expect it to purr. It will roar. It will claw. It will tear through anything standing between it and freedom.

So here’s the final warning, for those who still care to listen: Nigeria is radicalizing the Igbo.

But worse, Nigeria is radicalizing everyone. And it won’t end well.

When the fire spreads, when the rebellion multiplies, when the beast we created begins to fight back, don’t act shocked; no tribe will be left untouched.

Don’t pretend it wasn’t preventable. We all made it happen. You don’t corner a lion and expect peace.

Abolaji Rasaq is a public affairs analyst.

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Igbo Corner

Crisis hits Nnewi over Uruagu PG election, as BoT members protest, resign

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Palpable crisis is brewing in Nnewi over the election of the President General of Uruagu Community in the industrial town of Anambra State, with a business mogul and owner of Organiser Plc., Chief Innocent Okoli, accused of upsetting the apple cart.

The crisis has led to protests and resignation of members of the Board of Trustees (BoT).

One of the resignation letters sighted by News Band was from a legal practitioner, J. N. Obi, Esq.

Barrister Obi, until his resignation served as the Secretary of the Executive Committee and member, Uruagu Board of Trustees.

Tendering his resignation letter, Obi cited brazen violation of the Constitution of Uruagu Nnewi Community Development Union.

The letter was referenced OB/03 /296/2025, dated May 8, 2025, and addressed to His Highness. Obi A. C. Obi (Ogidi IV).

In the letter entitled “Letter of resignation as member, Board of Trustees (B.O. T) Uruagu Nnewi. Obi announced his resignation based on the following reasons:

  1. Article 8. 9 (a) of the Constitution of Uruagu Nnewi Community Development Union. 2022 (As Amended) states and I quote:
    “The Board shall “Ensure the observance of this Constitution”. 
  2. Article 14.4 of the Constitution of Uruagu Nnewi Community Development Union 2022 (As Amended) states and I quote:
    “Each ward shall submit a list of the Electors In writing to the Secretary General of the Union, one month before any election.
    “The submission of the list of the Electors shall be done by the Ward Chairman In consultation with the Ward’s Obi.”
  3. “The election sought to be conducted on Saturday, 10th day of May 2025, did not comply with the above provisious as it was on the Union’s general meeting of the I3th day of April 2025 that the expiration of the tenure of the Executives was announced.”

The legal pratictioner, however, noted that the election to be held on May 10 will not be up to one month.

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He, therefore, resigned his membership of B. 0. T for failure to abide by the above provisions of the Constitution as stated above.

On his part, the former President General of Uruagu Nnewi, Chief Ambassador Charles Nwonye, decried series of illegalities in the proposed election championed by Chief Okoli.

He recalled the efforts of past and present stakeholders to ensure that Uruagu Nnewi Community Development Union is recognised as a legal and responsible entity in the state.

He, however, speaking in a voice note obtained by Diaspora Digital Media (DDM), regretted:

“It’s very, very unfortunate that those counsels that instituted Uruagu Development Union are no longer alive.

“They were the ones who were known for speaking out the truth. But at the same time, we will not all keep quiet.

“I, hereby, wish to bring the following to the attention of all Uruagu indigenes, scattered all over Nigeria and in the diaspora that four years ago, a similar thing happened.

“Uruagu Nnewi Constitution was also flagrantly violated four years ago.

“At the end, a lot of stakeholders asked the former Executive Committee to resign and leave en masse.

“The Constitution, however, allowed them to recontest.

“The Executive Committee then honourably resigned and no one of us recontested, ushering in a new Executive Committee.

“They argued that following the election, the Constitution will be amended to correct all the flaws and ensure no such flagrant abused repeats itself.

“They went for the election and what happened there was the same illegality we’re talking about.

“Some of our youths went and connived with mischief makers, disrupted the election and declared the present Executive Committee members winners.

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“The youths stood by them in their misguided thoughts that the Executive Committee members enjoy special gains in the office.

“They disrupted the election and ensured that the present crop of Executive Committee members was ushered in.

“The election was heavily flawed and rigged in favour of Eloka Ike and Innocent Okoli, but we let go and left peacefully.

“The new Executive Committee promised to preside for only four years and leave, but we are currently seeing the same illegalities.

“I dare ask: Should Uruagu be known only for illegalities? I thought Ndi Uruagu are smart people?

“I have observed that there are certain individuals who are hell-bent on ensuring that the Uruagu leadership fails.

“They seem bent on destroying all our efforts, acting as agents of chaos and destruction.

“How can one man gather a bunch of Umuezeagu indigenes and take them to the court, claiming that they sued the union to court?

“They deceived the High Court and got a frivolous injunction against Uruagu people, all in the name of election!

“When I got this information, I knew that something was wrong.

“How can someone, after serving a tenure fraught with irregularities, fight his way to a second tenure against the people’s wish?

“I want to make it clear to all the delegates in the so-called election that it will not be possible to make an illegality legal.

“Anyone who casts a vote in that sham election is an agent provocateur, as well as a villain.

“Let it be on record that I denounced the so-called election founded on illegality and fraud and all participants, be it a delegate or participant in any manner is an enemy of the people.”

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Chief Okoli and other responsible people of Nnewi leadership could not be reached for comment at the moment of this publication.

More details will follow…

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Celebrity/Entertainment

Late Mbaise monarch—Eze Nwabueze Ugorji to be buried May 22, 2025

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The remains of HRH Eze Stephen Nwabueze Ugorji, Orji Ukwu 1 of Lorji Nwekeukwu Autonomous Community in Aboh Mbaise Local Government Area, will be laid to rest on Thursday, May 22, 2025.

The late Eze Ugorji will be buried in his palace at Orji Ukwu Estate, Lorji, following a Catholic funeral Mass at St. Andrews Catholic Church, Lorji.

News Band was informed that His Excellency the Catholic Bishop of Ahiara Diocese, Bishop Okezuo Nwobi, has been invited to officiate at the ceremony.

Bishop Nwobi, it was learnt, has also accepted the family’s invitation to officiate at the funeral rites of the late grand traditional ruler.

This information was provided to members of the press in Owerri by the Opara Eze (First Son of the Eze), former Commissioner for Homeland Security and Vigilante Affairs, Dr. Ugorji Okechukwu Ugorji.

His Lordship Bishop Okezuo Nwobi, the Catholic Bishop of Ahiara Diocese (Mbaise) and Eze Nwabueze Ugorji's First Son, Dr. Ugorji Okechukwu Ugorji

His Lordship Bishop Okezuo Nwobi, the Catholic Bishop of Ahiara Diocese (Mbaise) and Eze Nwabueze Ugorji’s First Son, Dr. Ugorji Okechukwu Ugorji

“The family is grateful to His Lordship for granting us a rare request to officiate at a funeral on a Thursday,” Dr. Ugorji said.

“Our father will feel honored and appreciated because he was not just a devoted Catholic, he shouldered the building of the St. Andrews Catholic Church at Lorji until his death,” the former commissioner added.

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Igbo Corner

EXCLUSIVE: Ngozi Orabueze dissolves Biafra Govt In Exile as Simon Ekpa may spend longer time in prison

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Mr. Simon Ekpa and Dr. Ngozi Orabueze

Dr. Ngozi Orabueze has abruptly dissolved the Biafra Government In Exile following secret information that his former boss, Simon Ekpa may not be coming out from Finnish detention in a hurry.

News Band reported that Mrs. Orabueze, a former Chief of Staff to Mr Simon Ekpa, the self-acclaimed Prime Minister of Biafra Government In Exile, toppled his principal after he was thrown into prison for promoting violent agitation and terrorism in the Southeast of Nigeria.

Ekpa’s trial is scheduled to start in May 2025.

Ngozi, a former chairperson of the Peoples Democratic Party (PDP) in Atlanta, United States in a statement on Wednesday, announced the dissolution of Biafra Government In Exile.

She said all assets of the Biafra Republic Government In Exile and it’s affiliates shall be transferred to the secretary of the State of the United States of Biafra.

Orabueze also directed all officers of the former exile government to report to their counterpart with the United States of Biafra for reassignment.

The statement reads, “It is resolved that the Biafra Republic Government In Exile (BRGIE) is hereby dissolved as it’s reason for the existence has been superceded by the November 29, 2024 Declaration of the restoration of the Independent United States of Biafra

“All assets of the Biafra Republic Government In Exile and it’s affiliates(BRGIE corporation ID: D237527271) shall be transferred to the secretary of the State of the United States of Biafra.

“All officers of the former exile government shall report to their counterpart with the United States of Biafra for reassignment. All activities of the Biafra Republic Government In Exile shall cease as of February 15, 2025”.

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Meanwhile, an insider source in the movement reliably told News Band that Ngozi decided to dissolve BRGIE after receiving intel that Simon Ekpa might spend longer time in prison.

The source also revealed that the Nigerian government is doing everything within it’s power to nail Simon Ekpa for all his atrocious acts in the SouthEast region.

So, the only way to keep the agitation going in the absence of Ekpa is to dissolve BRGIE.

“Yes, Ngozi Orabueze dissolved the Biafra Republic Government In Exile so as to be fully in charge of the assets belonging to the movement. With the way the Nigerian government is going about the case of Simon Ekpa, he may spend longer time in prison”, the source said.

Moreover, before now, Orabueze has been at war with some arrowheads of the separatist movement who refused to acknowledge her authority.

This however, has led to series of fights, accusation and counter accusations among the agitators.

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Igbo Corner

A tribute to Mrs. Roseline Udu Eze

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We celebrate the life of Mrs. Roseline Udu Eze, a devoted wife, mother, grandmother, and pillar of strength.

Her unwavering love, kindness, and selflessness left an indelible mark on all who knew her.

Though we mourn her passing, we take solace in the legacy she leaves behind and the cherished memories we hold. Rest peacefully in the arms of the Lord, dear Roseline.

You will forever be missed.

May her soul rest in perfect peace.

Amen.

 

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