Govt maintains Hicken’s confirmation as Top Cop in compliance with Constitution

– as Norton calls appointment “unlawful”, hints at legal action
The People’s Progressive Party/Civic (PPP/C) Government has defended the confirmation of Clifton Hicken as Commissioner of Police in the face of criticism by the Opposition.

On Thursday, President Dr Irfaan Ali swore in Hicken as substantive Police Commissioner as well as appointed five new Deputy Commissioners – Ravindradat Budhram, Wendell Blanhum, Errol Watts, Simon McBean and Fizul Karimbaksh.
According to the Head of State, “every aspect of the appointment[s] has been meticulously followed as prescribed by the Constitution”.
But in a video statement on Thursday, Opposition Leader Aubrey Norton said Hicken’s appointment was unlawful and indicated their intention to take legal action on this matter.
“The lawyers believe that 1) the fact that he is over the age of 55 means that he is not eligible to be confirmed. He could’ve continued acting – that’s not a question, but once you confirm him, you’re in violation of the law. And the second thing is that there is violation to the extent that [the President] didn’t consult… But we’re going to take the matter to the court and see where it goes,” Norton stated, adding that these legal proceedings would be filed next week.

However, the Government, via a statement in response to Norton’s remarks on Thursday, contends that the confirmation of Hicken was done in accordance with the constitutional provisions.
“For the public record, the Government maintains most resolutely that Mr Clifton Hicken was lawfully appointed in accordance with the provisions of Article 211 of the Constitution of Guyana and in due compliance with the Constitution (Prescribed Matters) Act, Cap. 27:12. Further, the Leader of the Opposition was duly consulted in the manner required by the letter and spirit of the Constitution in relation to that appointment,” the missive detailed.
President Ali had written Norton on September 4, 2024, for consultation on the appointment of Hicken as Commissioner of Police as well as the five Deputy Commissioners, and had requested a response by September 18, 2024.
Based on reports, Norton 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.
Moreover, Attorney General Anil Nandlall had previously explained that the President was only required to consult and did not need the agreement of the Opposition Leader to appoint a Top Cop.
On the other hand, Hicken’s appointment comes on the heels of his passing the GPF’s age of retirement, that is, 55 years. One day before Hicken turned 55 years old on July 22, 2023, the Head of State had extended his tenure in office in keeping with constitutional provisions.
According to the Government’s statement, Norton is free to take whatever legal recourse he deems necessary. It went on to remind of the legal action filed by the Opposition Leader when Hicken was first appointed to act in the Office of the Commissioner of Police in 2022 on the ground that the President did not consult with him. That matter was eventually dismissed by the High Court and there was never an appeal.
“Needless to say, any legal challenge filed will be vigorously defended,” the missive from the Government stated.
It further pointed out that Norton’s criticism of Hicken’s confirmation as Top Cop was not a surprise since the senior Police Officer had been overlooked by the A Partnership for National Unity/Alliance For Change (APNU/AFC) Government in the past.
Following the retirement of former acting Police Commissioner David Ramnarine, Hicken was the most senior member within the Force, but he was “deliberately and capriciously sidelined” by the coalition regime, which appointed two GPF members both junior to Hicken, to act in the Office of the Commissioner of Police.
“To date, Mr Hicken remains the most senior member of the Guyana Police Force [GPF] and, no doubt, is duly qualified to have been appointed Commissioner of Police,” the PPP/C Administration maintains.
In fact, it highlighted the coalition Government’s track record of constitutional violations disqualifies the People’s National Congress (PNC), the main coalition partner, of any moral authority to lecture anyone on constitutionality and the rule of law, in particular, as it relates to the appointment of the Commissioner of Police.
According to the Government, the last appointment the coalition made to the Top Cop office was made on July 31, 2020 – the last day of their demission of office and five months after they lost the March 2, 2020 General and Regional Elections.
“Worse yet, the appointment was made not by the President, but by the Permanent Secretary of the then Ministry of Public Security. It is ironic that ‘no consultation’ is Mr Norton’s cry now, but when that appointment was made, the then Leader of the Opposition was not even informed, moreover consulted,” the PPP/C Administration argued in Thursday’s missive.