That the applicant’s case must be objectively and realistically seen crossing a ‘bright line’ proof. Its case must be made by preponderance of evidence and should be able to persuade the court to tilt in their favor. Therefore, the burden of proof is weightier and is recognized as the twin burdens of proof and persuasion. In PETROSTAR (NIGERIA) LIMITED V. BLACKBERRY NIGERIA LIMITED & 1 OR CCJELR (2011), the court in its consideration reiterated the cardinal principle of law that “he who alleges must prove”. Therefore, where a party asserts a fact, he must produce evidence to substantiate the claim. The Plaintiffs in the present case, attached supporting documents to their application as evidence to prove that the officers of the Defendant on the 14th August, 2015 unlawfully killed their father Ikyase Chia. The Plaintiffs attached a picture of the corpse, certified True Copy of a Court order directing the release of the corpse to the Plaintiffs, the coroner’s ordinance report, post-mortem report, a copy of a letter addressed to the Inspector-General of Police complaining of the killing of Ikyase Chia by members of the police force marked as exhibits A, B, D, E and F respectively and a witness deposition on oath. The Defendant in response to the Plaintiffs’ claim argued that the deceased (Ikyase Chia) was shot while trying to escape from a lawful arrest for armed robbery and culpable homicide which he was reasonably suspected to have committed. They attached supporting documents as evidence to prove that during Ikyase Chia’s life he was a notorious wanted criminal. A written statement of witnesses, medical report and post mortem examination report was attached in corroboration of their averment that the deceased was shot in the leg after he jumped down from a moving police patrol vehicle while trying to escape. Thus the death of the deceased as a result of the acts of the Defendant in not in controversy. The Defendant further maintained that the police officers carried out the act in accordance with the cardinal law and placed reliance on the provision of Force Order 20