Chief Justice rules appointment of Top Cop by Pres Ali lawful

The High Court has ruled that the appointment of Clifton Hicken as Commissioner of Police beyond the age of 55 was lawful, delivering a major win for the Government amid persistent challenges to his eligibility.

Chief Justice (Ag) Roxane George, SC issued the ruling on Tuesday, dismissing a constitutional challenge brought by Troy Garraway and affirming President Irfaan Ali’s authority to make the appointment.
During his weekly programme ‘Issues in the News’, Attorney General (AG) and Legal Affairs Minister, Anil Nandlall disclosed that the chief justice, in her ruling, found that no constitutional or statutory prohibition prevents the President from appointing a Police Commissioner beyond the age of 55; the Constitutional (Prescribed Matters) Act allows the President to extend the tenure of a Commissioner, in consultation with the Police Service Commission, up to the age of 60, and the law applies equally to substantive and acting Commissioners, as the Constitution confers full authority and responsibilities to both designations.

“The President did so in exercising certain powers conferred upon the President by an act of Parliament called the Constitutional Prescribed Matters Act. That act permits a Commissioner of Police tenure to be extended, well first of all the act provides that a Commissioner of Police shall vacate office upon the attainment of 55 years of age provided that the President may permit a Commissioner of Police to continue to act in office after consulting with the Police Service Commission to allow that Commissioner of Police to continue to act in office until he or she reaches the age of 60 years old,” the AG said.
According to Nandlall, the legal challenge was based on the argument that the term “Commissioner of Police” as used in the relevant legislation refers exclusively to a substantive holder of the office and does not extend to an individual acting in that capacity. The lawyers who filed the case contended that only someone who permanently holds the office can have their tenure extended. They also argued that an individual acting as Commissioner cannot be appointed to the post once they have passed the age of 55. This formed the central basis of the submissions in the case.
Nandlall said the Chief Justice agreed with his argument that the Constitution (Prescribed Matters) Act explicitly allows for the Commissioner of Police to serve up to the age of 60, and that nothing in the legislation prevents the President from confirming a candidate after the age of 55.
The AG submitted that the confirmation of Hicken was entirely valid under the law.
The court also ordered Garraway to pay $500,000 in costs and the amount must be paid by August 29, 2025.

“Street corner lawyers”
He sharply criticised what he referred to as “street corner lawyers” and social media commentators who questioned Hicken’s appointment without legal merit or understanding.
“They couldn’t find they couldn’t point to any law that says that they couldn’t point to a single provision either in the Constitution or in any other law and my understanding of law is once something is not prohibited by law then it is legal to do it. Any action that is not prohibited by law it is legal to do that thing whatever it is and that simple commonsensical principle sometimes eludes the best of lawyers. So that issue has been put to rest and the two other challenges which they had filed against Mr Hicken and both of which they lost, they never appealed meaning that they have accepted those decisions as correct. Let us see if they will appeal this one because the opposition leader likes to criticise Hicken and always says in the public domain that Mr Hicken’s appointment is illegal. Well, he sent I suppose his best lawyers out there and they were unable to establish that contention to the satisfaction of the Chief Justice of the country,” he explained.
In December 2024, President Ali officially confirmed Hicken’s appointment using his powers under the Constitution.
Hicken was appointed to act in the capacity of Police Commissioner in March 2022, taking over responsibility from acting Police Commissioner Nigel Hoppie, who proceeded on pre-retirement leave. However, on July 22, 2023, Hicken turned 55 years – the age of retirement in the Police Force.