The Sunyani High Court, presided over by Justice Ofosu Quartey on Tuesday ordered the Attorney Generals Department to file a defence in the case against Deputy Commissioner of Police (DCOP) Robert Ayalingo, Brong-Ahafo Regional Police Commander.
This, he said, should be done within seven days. This was after the court had overruled a plea by Ms Yaa Asantewaa, Chief State Attorney that it had struck out the case.
The court adjourned the case to Friday, November 30. Ms Asantewaa in her plea said: "The plaintiff did not use the proper procedure. He should have gone for judicial review".
Mr. Kwame Baffoe, a resident of Odumase in the Sunyani West District has filed a writ at the court to declare that DCOP Ayalingo, having attained the compulsory retiring age. He said having been formally retired DCOP Ayalingo cannot hold himself out as the Regional Police Commander and his continue stay in office is wrongful and unlawful.
Mr. Baffoe therefore deemed it to seek an order to restrain the defendant from holding himself out as 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 was the Regional Police Commander and after attaining the statutory retirement age, his engagement with the Ghana Police Service (GPS) officially came to an end.
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 ceased 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 Regional Police Commander even though by the Police Service regulation forbid that.
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. In addition, he contended that was a member of the Brong-Ahafo Regional Security Council and its decisions affected all the people in Brong-Ahafo Region.
The plaintiff said DCOP Ayalingo's position as 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 area to shape the way and manner citizens' rights and security are handed.
He said the continuous stay in office of DCOP Ayalingo as the Regional Police Commander is not only unlawful but a security threat to the people.
In another development, Counsel for the plaintiff had on Monday, November 19, filed a motion on notice for an order of interlocutory injunction to restrain DCOP Ayalingo from styling or holding himself as the Regional Police Commander until the final determination of the suit.