decision in any particular case. As a matter of principle, the burden of proof lies principally on the party who stands the chance of losing where such evidence is not presented. In emphasizing the significance of proof, the Court in FEMI FALANA & ANOR V. REP OF BENIN & 2 ORS (2012) ECW/CCJ/JUD/02/12 pg. 34, held that: “As always, the onus of proof is on a party who asserts a fact and who will fail if that fact fails to attain that standard of proof that will persuade the court to believe the statement of the claim”. In DAOUDA GARBA V. REPUBLIC OF BENIN (2010) CCJELR Page 12.Para 34 & 35, the court held that: “cases of violation of human rights must be backed by indications of evidence which will enable the Court to find that such violation has occurred in order for it to prefer sanctions if need be.” See also SIKIRU ALADE V. FRN ECW/CCJ/JUD/10/12 (2012) CCJELR. 26. The Court will now examine each claim of the Applicants to determine whether a case of violation has been made against the Respondent. 27. Allegation of non-payment of Life Pension: The Applicants averred that as pensionable staff, all categories of staff who have worked above 10 years are entitled to pension for life as provided in the 1999 constitution of the Respondent. They however claimed that they were paid 5 years buy out instead of life pension. To succeed in a claim of pension, the Applicants must establish as a fact that they are (1) employees of the Respondent who are (2) entitled to pension and lastly the amount they are entitled to. To support this claim, the Applicants filed the letters of appointment containing the condition of service of the 2nd Applicant and 2 other Applicants at pages 472 and 473 of the originating application together with correspondence exchanged between the (BPE) on March 23, 2012 and the Chairman of Association of Former Telecoms Employee of Nigeria. Of particular relevance is the last paragraph of the said letter where the Bureau of Public Enterprise said “you are also aware that all NITEL/MITEL staff had been disengaged and paid all their terminal benefits including 5 years pension buy out as agreed with your labour union, notwithstanding, some residual issues are still being treated”. 12