consider issues of competence, admissibility and proof before determining the case on merit.” 37.The Court will on no occasion give judgment in favour of an applicant based on mere application for a default judgment; the facts in this case, though uncontroverted must establish the merits of the case. In the words of the Court in the above referred case it concluded and held that: “As earlier noted, in considering the merits of the case, it is necessary to evaluate the evidence adduced by the Applicant so as to determine whether it is sufficient to ground a decision of this court in his favour” The court will now proceed to consider the merits of the case. MERITS ISSUE NO 2 Whether the allegation that the sentence of the Applicant to two years imprisonment following his conviction by a military court martial without the required confirmation by the appropriate authority as provided the Armed forces Act, is unlawful and therefore void and constitutes violations of Article 6 of the provisions of the African Charter and other international human rights instruments ratified by the Respondent State. 38.From the facts presented for consideration, the Applicant, was a member of the Nigerian Army posted to sector 7 Riyom, in Plateau State. The Applicant averred that sometime in 2012, in the course of his official duty, a Rifle belonging to the Nigerian Army in his possession was stolen at his duty post. On this premise, the Applicant was arrested, detained and subsequently tried and convicted to a term of 2 years imprisonment by a Court Martial. The Applicant further states that his 14