iv. That it is almost two years that the Respondent State received the originating process. ISSUES FOR DETERMINATION The court has formulated the following issues for determination i. Whether the Application for a default judgment satisfies the requirements of Article 90 (4) of the Rules of the Community Court of Justice ECOWAS (hereinafter referred to as “the Rules”). ii. Whether the sentence of the Applicant to two years imprisonment following his conviction by the military court martial without the required confirmation by the appropriate authority as provided in Section 148 of the Armed Forces Act is unlawful and therefore void and contrary to section 6 of the African Charter. iii. Whether the allegation of violation of other rights of the Applicant as claimed has been proved. iv. Whether in the light of the facts and evidence adduced, the Applicant is entitled to the reliefs sought. ANALYSIS OF THE COURT ISSUE NO 1 Whether the Application for a default judgment satisfies the requirements of Article 90 (4) of the Rules of the Community Court of Justice ECOWAS. 15.The initiating application in the present case was filed at the Registry of the Court on the 14th of December 2016. On the 16th of December 2016, the Defendant was duly served with the initiating application. Under the Rules of Procedure of the Court, the Defendant is obliged to lodge its defence or enter appearance within 8

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