A Sunyani High Court has ordered the Attorney General’s Department, led by Principal State Attorney, Afua Serwaa Asare Botwe, to commence its argument on Monday in the case involving the legitimacy of the Brong Ahafo Regional Police Commander, DCOP Robert Ayalingo (rtd).
The court presided, over by Justice Ofosu Quartey, on Friday accepted the plea of the Principal State Attorney who requested time to put her arguments together.
The presiding judge, who indicated his intention to rule on the matter before the elections, said the case would be determined by legal arguments based on relevant documents.
DCOP Ayalingo has been dragged before the court by Kwame Baffoe aka Abronye DC, a resident of Sunyani-Odumase for claiming to be the regional commander of police after passing his statutory retirement age.
The plaintiff is seeking a declaration that having attained the compulsory retiring age and having been formally retired, DCOP Ayalingo cannot act as the Police Regional Commander for the Brong Ahafo Region.
He is also praying the court for an order of interlocutory injunction to restrain the police chief from acting as the Regional Commander of Ghana Police in Brong Ahafo until the final determination of the suit.
On Friday, counsel for the Plaintiff, Eric Ansah Ankomah, cited a number of constitutional provisions and the police policy guidelines to buttress his argument, suggesting that it was unlawful for the retired regional police commander to continue to hold his former post despite the one-year contract which extended his stay in the police service.
Lawyer Ansah further argued that per the police policy guideline, DCOP Ayalingo’s rank should be reduced and he should work only in a civilian capacity, a situation that would automatically disqualify him from becoming the regional commander since his deputy, DCOP Isaac Alex Quainoo, who was earlier directed by the IGP to take over the region was duly qualified for the position.
He told the court that the police administration, headed by the IGP, was painfully aware that there was a problem with command in the region which had affected citizens of the region including his client following the return of DCOP Ayalingo to his former post.
“My Lord, there is serious problem in the Ghana Police in the region because we don’t know who is in-charge of the region as the police commander because there is a problem with the command,” counsel stated.
He argued that the defendant, who has been coming to the court in police uniform, was being aided by able police officers as the regional commander, stressing that he takes part in Regional Security Council (REGSEC) meetings and drives in the official police vehicle.
Counsel argued that since no new police policy guideline has come into force, the defendant cannot rely on any other law to hold himself as Regional Police Commander of Brong Ahafo.
He also argued that the purported extension of the contract has no legal effect.
Lawyer Ansah further prayed the court to issue an order to restrain DCOP Ayalingo to save poor souls in the region like his client.
Source: Fred Tettey Alarti-Amoako/Daily Guide
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