DCOP Robert Ayalingo
THE BRONG Ahafo Regional Police Commander, Deputy Commissioner of Police (DCOP) Robert Ayalingo, has heaved a sighm of relief as he has been asked by a Sunyani High Court to stay on in office till his oneyear contract of extension of service expires in September this year.
This follows the dismissal of a writ filed by Kwame Baffoe aka Abronye DC, a resident of Sunyani-Odumase in November 2012 seeking a declaration from the court that DCOP Ayalingo, having attained the compulsory retiring age and having been formally retired, could not hold himself out as the Brong-Ahafo Regional Police Commander and his continuous stay in office was wrongful and unlawful.
The presiding judge, Justice Ofosu Quartey, giving his ruling on Thursday, dismissed the writ wholly, saying the defendant, DCOP Ayalingo’s current employment, position and rank were proper, and in effect he remained the Commander of Police in the Brong Ahafo region. No cost was awarded.
Justice Ofosu Quartey however commended the plaintiff for the courage in taking the matter up, saying not too many Ghanaians would have the courage to do that and if he, the judge, had the power he would have asked the state to pay something to the young man.
The court averred that the Police Council had expressed serious reservations about the Police Service Policy Guideline and had directed its legal team to take action to address the issues about retired officers who were not treated humanely and fairly when given extension of service.
According to the court, there had been a legal precedent involving COP Alhaji Amidu Mahama, who upon retirement in February last year, was given a contract of appointment and was directed by the Police Council to disregard the Policy Guideline and go about his official duties in uniform.
The court further averred that the case involving COP Alhaji Amidu Mahama was not different from that of DCOP Ayalingo and therefore the latter should not be prevented from occupying his current position and rank.
It would be recalled that the judge on Tuesday, December 4, 2012, also struck out an interlocutory injunction moved by Eric Ansah Ankomah, counsel for and on behalf of the plaintiff, seeking to restrain the police chief from holding himself as the Regional Police Commander.
The court subsequently in that ruling directed DCOP Ayalingo to remain at post to supervise the general elections and deferred its ruling on the substantive case to January 10, 2013.
Giving the order in December last year, Justice Quartey said “It is in the interest of all and sundry, especially the general public and the people of Brong-Ahafo Region to know who is in charge of public order.
“In the last days of Election 2012, if the Kumasi Declaration on Peace could be fruitful for peace to be real then there is the need to know who is in command of the security of the Brong Ahafo Region.
“I do not think it is ideal that the defendant be restrained in any manner. Let all acrimonies in the Ghana Police Service cease now that the defendant remains the Brong-Ahafo Regional Police Commander till further notice.”