ISSUE 3: Whether the Applicants established the claim of unlawful killing against the Respondent Generally, the principle of law is that the burden of proving any allegation rests with the person making the allegation. The Court has developed case law with respect to the burden of proof. The burden of proof requirement was settled in the case of FEMI FALANA & ANOR V. REPUBLIC OF BENIN & 2 ORS (2012) ECW/CCJ/JUD/02/12, where it held that “as always, that 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”. Also, in the case of SIKIRU ALADE V. FEDERAL REPUBLIC OF NIGERIA (2012) ECW/CCJ/JUD/10/12 the Court found that every material allegation of claim must be justified with credible evidence and the defense should also sufficiently satisfy every defense and put forward that will rebut the claim or take the risk of putting nothing at all if the claim by their estimation is weak and unproven. The duty to prove alleged facts rests with the Applicants. The Court in analyzing this issue will consider the following: evidence of a military presence, evidence of the attire of the assailants, evidence of the mobile police all of which will establish State responsibility and prove or disprove the claim of unlawful killing of the deceased. The Applicants alleged that they are from Agwan Rukuba, Jos Plateau. The facts as alleged point to a military presence within the immediate vicinity of their home which they aver is close to Dogon Dutse Barracks. They further alleged that soldiers of the Nigerian Army were at this barracks. The Applicant further testified on oath that the barracks was their before the incident that led to the killing of their father: TARFA: She earlier, my lord she earlier told the Court that the camp, the counsel asked her where the camp was built and as she said it was because of the explosion, that there was an earlier explosion and so the military came. PW2: No. the barracks was there long time before the explosion. The barracks has been there before the explosion. TARFA: 10 Very close to you house.