ICPC Loses Appeal Over Staff Reinstatement In Edo

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has lost an appeal at the Benin Division of the Court of Appeal against the reinstatement of one of its sacked workers, Albert Osarumwense.

Justice Oyebiola Oyewunmi of the National Industrial Court (NIC) in Akure in February 2020 ordered the ICPC and its chairman to immediately reinstate Osarumwense, who he said was wrongfully dismissed by the commission in October 2015.

However, the anti-corruption body challenged the reinstatement.

Ruling in the suit number: NICN/BEN/01/2016, Justice Oyewunmi declared that the nature of employment of Osarumwense is one with statutory flavour.

He further ruled that Osarumwense is entitled to be paid all his salary and other allowances from the month of October 2015 when his employment was determined till the day of his reinstatement.

Also delivering his judgment in appeal No: CA/B/44M/2021, Justice M. A. Danjuma of the Court of Appeal held that the ICPC was not ready to go on with its appeal, and therefore dismissed it.

He said in the certified copy of his ruling signed by the Chief Deputy Registrar of the Court of Appeal, Adaeze Oby Aziwe, “That the non-compilation of the record of appeal nor its transmission up to this time and in spite of the service of a hearing notice for the case today and still without any response indicating the existence of any such application for the discretionary respite of an elongation of time to so compile and transmit record of appeal towards prosecution, clearly strengthens the fact that there is no desire to prosecute the appeal left as a sword of damage in the clog of a subsisting judgment as alleged by the applicant in his affidavit to the motion.

“That notice of appeal is hereby struck out and the appeal dismissed pursuant to Order 8 Rule 18 of the Court of Appeal Rules. 2016.”

Reacting to the judgment, counsel to Osarumwense, Olayiwola Afolabi, said the Court of Appeal has dismissed their case, “and one thing is clear, the Court of Appeal is the last bus stop when it comes to labour matters, so they can’t go to the Supreme Court.”

He said he believed that ICPC would comply with the ruling of the court as the commission is headed by a Senior Advocate of Nigeria (SAN), who knows the law.