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A Sunyani High Court presided over by Mr Justice Ofosu Quartey would rule on the case against Deputy Commissioner of Police Robert Ayalingo, the Brong-Ahafo Regional Police Commander on Tuesday, December 4.
The court had ordered the Attorney General’s Department to file a defence in the case within seven days on November 20 after it had overruled a plea by Mrs Afia Serwaa Asare Botchwey, Chief State Attorney, to strike out the case.
After hearing from both plaintiff and the defence counsels on Monday, December 3, Mr Justice Quartey said “I will not take records of proceedings again, I will make pronouncement on the case tomorrow, Tuesday, December 4”.
Mr Kwame Baffoe, a resident of Odumase in the Sunyani West District, filed a writ to declare that DCOP Ayalingo, having attained the compulsory retiring age and having been formally retired, cannot hold himself out as the Brong-Ahafo Regional Police Commander and his continuing stay in office is wrongful and unlawful.
The plaintiff is seeking an order from the court to restrain the defendant from holding himself out as Brong-Ahafo Regional Police Commander and other relief the court might deem fit.
Mr Baffoe in a statement of claim filed on his behalf by Mr Eric Ansah Ankomah of Enso Nyame Ye Chambers in Sunyani said DCOP Ayalingo until September 3, 2012 was the Brong-Ahafo Regional Police Commander and after attaining the statutory retirement age, his engagement with the Ghana Police Service (GPS) officially came to an end on September 3, 2012.
The plaintiff contended that upon his retirement, the defendant was written to by the GPS to handover to his Second-in-Command but refused and subsequently worked out his ways and was given a year’s contract extension.
Plaintiff avers that by the rules and regulations of the GPS, a retired officer who is given a contract extension ceases to wear police uniform and his rank reduced one step downwards.
He said in the case of DCOP Ayalingo, his rank was not reduced and continued to wear police uniform and parades himself as Brong-Ahafo Regional Police Commander even though by the Police Service regulation he could not be the Brong-Ahafo Regional Police Commander.
The plaintiff said a Regional Commander of the GPS was a sensitive matter and was jealously guarded for only serving officers and not retired officers on contract.
The plaintiff stated that DCOP Ayalingo’s position as Brong-Ahafo Regional Police Commander albeit unlawful would give him the opportunity to issue instructions and command to all serving officers and other junior ranks in the Region to shape the way manner citizens’ rights and security were handed.
He said the continuous stay in office of DCOP Ayalingo as the Brong-Ahafo Regional Police Commander was not only unlawful but also a security threat to the people of the Region.