No legal barrier to Clifton Hicken’s appointment as Police Commissioner – Pres Ali

President Irfaan Ali made it clear on Tuesday night that no barrier in Guyana’s Constitution or laws prohibits Clifton Hicken from assuming the post of Police Commissioner.
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.
On the sidelines of the commissioning ceremony for the $51 million refurbished Herbert Feeny Physics and Chemistry Laboratories and the Richard Harford Staff Room at St Stanislaus College, President Ali was questioned about the political controversy surrounding these events, and he responded: “There is no barrier, legally or constitutionally, from appointing him. His tenure was extended, so there is no barrier”.

However, he declined to comment on how long Hicken would remain in office after he is appointed as head of the law enforcement agency.
“That’s a different question,” he remarked.

No need for Opposition’s agreement
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 would have 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 that 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 is contending, “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.