The Bolgatanga High Court has dismissed an injunction application filed by the former Managing Director of the Irrigation Company of Upper Region (ICOUR), Dr. Benedict Bonaventure Aligebam, seeking to remain in office despite having reached the compulsory retirement age.
The court, presided over by His Lordship Justice Charles Gyamfi Danquah, a Justice of the Court of Appeal sitting as an additional High Court judge, ruled that Dr. Aligebam’s continued occupation of the office after his official retirement on December 7, 2023, had no legal basis.
The ruling emphasized that his application lacked merit and amounted to an attempt to circumvent established public service retirement regulations.
In his application, Dr. Aligebam had asked the court to restrain ICOUR and its agents from interfering with his stay in office until a determination on a substantive suit—centered around disputes over his age and retirement status—was concluded.
However, the court found no legal or equitable right warranting such protection.
“The court reaffirmed the legality of Dr. Aligebam’s retirement and his obligation to vacate his position,” the ruling stated. “It rejected his attempt to remain in office via an injunction, emphasizing the need to uphold public service retirement rules and prevent abuse of judicial processes.”
Justice Danquah warned against public officials using the courts as a shield to delay lawful exits from office, describing such actions as a threat to good governance and public trust. “This court will not legitimize the use of legal processes to hold onto power beyond statutory limits,” he stated.
In addition to dismissing the application, the court slapped a GHS 3,000 fine on Dr. Aligebam, payable to the defendant, ICOUR, as costs for what it described as an unmeritorious legal action.
The ruling adds a new chapter to the months-long tension at ICOUR, where staff, farmers, and union leaders have repeatedly called for Dr. Aligebam to vacate the position following his retirement. Several protests, petitions to oversight bodies, and media reports have documented resistance from workers and stakeholders concerned about the leadership crisis at the state-run irrigation agency.
Legal observers see the court’s decision as a landmark ruling reinforcing the sanctity of retirement laws in the public sector and setting a precedent against the politicization and personalization of public offices.
Source: A1Radioonline.com|101.1Mhz|Mark Kwasi Ahumah Smith|Bolgatanga
