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