By Okhide Em’ya David
A staff of the Independent Corrupt Practices Commission (ICPC), Albert Osarumwense has filed a motion at the Court of Appeal in Benin City to dismiss the appeal filed by the Commission challenging his reinstatement.
The Appellant said the Commission has failed to file its brief of argument within the stipulated time.
It would be recalled that the National Industrial Court in Abuja presided over by Justice Oyebiola Oyewumi, had in 2020 in suit number NICN/BEN/01/2016, ordered the ICPC and its chairman to immediately reinstate Osarumwense who was wrongfully dismissed by the Commission in October, 2015.
In the motion marked APPEAL NO CA/44/2021 filed by Olayiwola Afolabi, Osarumwense claimed that ICPC which is Appellant/Respondent filed the notice of appeal on the suit on the 27th Day of February 2020 .
He said that the time “allowed by the rules of this court for the Appellant/Respondent to compile and transmit the record of proceedings has elapsed.
In the Motion he said “The appellant/respondent have failed, refused or neglected to compile and transmit the record of proceedings to the honourable court within the time provided by the rules of this court” and that the notice of appeal was no longer competent to exist.
He said the non-compliance of the Commission to the rules of the court was to frustrate him from enjoying the fruits of the lower court.
“That the appellant/respondent has used this appeal to keep the applicant out of his employment and instead of pursuing the appeal diligently, it decided to abandon it” and therefore wants it dismissed.
