AG assures that all processes to appoint Hicken as Top Cop legal – VP Jagdeo

Vice President Dr Bharrat Jagdeo on Thursday stated that the People’s Progressive Party Civic (PPP/C) Administration has complied with all legal processes to appoint Clifton Hicken as substantive Police Commissioner.
During his weekly press conference, the Vice President told reporters that Attorney General Anil Nandlall has assured him that Hicken’s appointment is lawful and follows a transparent exercise.
He explained that the Chambers of the Attorney General are in the process of putting together a formal document that would educate the Guyanese public on the facts surrounding the matter, so that citizens could dispel misinformation being spread by the Opposition.
“…I asked the Attorney General today. I said to him, ‘You have to get more information, because people may be questioning the lawfulness of it; not whether the President has the power to appoint, but whether we have complied with the process’. And so he assured me that we’ve complied with the process to get the extension done, and then also the process to have the confirmation also done,” Dr Jagdeo said.

Regarding comments made about seeking the Opposition Leader’s permission to appoint Hicken, the Vice President made it clear that the Government only needed to consult with Aubrey Norton, which he indicated has been done.
Recalling events of 2018, when then President David Granger appointed Leslie James as the Police Commissioner in front of senior officer David Ramnarine, Jagdeo reminded that he was engaged in consultations; however, despite his judgement, the then Government selected whom they wanted as successor.
“I recall when Granger invited me, as Leader of the Opposition, to deal with the Commissioner of Police and also four deputies. At that time, Ramnarine was the Acting Commissioner. He didn’t even include him in the four deputies, or confirm him as Commissioner of Police; but he had the right as President. He consulted with me, I expressed my view; I said that this, the only one Indo-Guyanese you have here among the group, and you’re not, you’re not confirming him or giving him a top post, and he ignored that and he went ahead and appointed, and it was lawfully done,” Jagdeo disclosed.
“He appointed five persons. So, why are they making this big noise now that we’re confirming Hicken,” he added.
On Tuesday, President Irfaan Ali made it clear that no barrier in Guyana’s Constitution or laws prohibits Clifton Hicken from being appointed to the post of Police Commissioner.
Hicken was appointed to act in the capacity of Police Commissioner in March 2022. He took over responsibility from acting Police Commissioner Nigel Hoppie, who proceeded on pre-retirement leave. However, Hicken attained the age of 55 years on July 22, 2023, and that is the age of retirement in the Police Force.
Meanwhile, Attorney General Anil Nandlall, during his programme of ‘Issues in the News’, stated that President Dr Irfaan Ali does not need Opposition Leader Aubrey Norton’s agreement for the appointment of the Commissioner of Police, or any Deputy Commissioner.
According to the AG, the Constitution of Guyana provides for the President to make such appointments after “meaningful consultation” with the Opposition Leader, and with the Chairperson of the Police Service Commission after the Chair has consulted with the other members of the Commission.
The Constitution states that the person responsible for seeking such consultation shall “identify the persons or entities to be consulted and specify to them in writing the subject of the consultation and an intended date for the decision…”
The Constitution further outlines that the person seeking the consultation shall ensure that the person or entity being consulted is afforded a reasonable opportunity to express a considered opinion on the subject.
It also says the person seeking the consultation shall prepare and archive a written record of the consultation.
In this regard, Nandlall contended, the Constitution does not require a face-to-face consultation. In fact, he said, President Ali has satisfied all the requirements of the Constitution.
The Head of State had written Norton on September 4, 2024 for consultation on the appointment of Clifton Hicken as Commissioner of Police, and had requested a response by September 18, 2024, Nandlall recalled.
Norton, he said, replied on September 17, 2024, objecting to the appointment in a two-page response. The President then responded on October 2, 2024, answering all of the concerns raised by Norton.
“The President’s letter is even longer, and the President answered all the questions, all the issues that he raised,” the Attorney General has said.
Nandlall explained that the President’s response proved that the contentions of Norton were “factually inaccurate”.
“The President’s response outlined that Mr Hicken is the most senior member of the Guyana Police Force, and acted for all the number of years,” Nandlall added.
Meanwhile, the Police Service Commission, Nandlall said, was also consulted.
Nandlall contends, “The President must engage in meaningful consultation, not get the agreement of; because there are some appointments in the Constitution which require the President to secure from the Leader of the Opposition his agreement. This is not one of those appointments.”
He noted that agreement is needed, for example, for the appointments of the Chancellor and Chief Justice.
Nandlall is contending that any legal action filed by Norton on this matter “will be strenuously defended”.
The Attorney General said similar letters were dispatched by the President on the appointment of the Deputy Commissioner of Police, but Norton never responded.