Legal hurdles preventing Hicken’s official appointment as acting Top Cop - Forde

Legal hurdles preventing Hicken’s official appointment as acting Top Cop – Forde

Jul 03, 2022 News

Kaieteur News – Though steps have been taken towards officially making Deputy Commissioner of Police, Clifton Hicken the acting Top Cop, attorney-at-law and A Partnership for National Unity + Alliance For Change (APNU+AFC) Shadow Minister of Legal Affairs, Roysdale Forde is of the opinion that there are a number of legal hurdles which should prevent the government from moving forward with the process.

APNU+AFC Shadow Minister of Legal Affairs, Roysdale Forde

Forde shared his views on the matter, even as President Irfaan Ali, after consultation with Chairperson of the Police Service Commission (PSC), Patrick Findlay, officially nominated Hicken as Guyana’s acting Commissioner of Police.

In a letter dated June 29, 2022, the Minister of Parliamentary Affairs and Governance, Gail Teixeira, wrote to the Leader of the Opposition, Aubrey Norton, outlining the reasons why Hicken was appointed acting Top Cop back in March.

The letter also invited Norton to give his opinion on the subject.
However, according to Forde, Hicken must first undergo the legal and correct process of appointment.

Forde told Kaieteur News that the process of appointment cannot lawfully go forward in the face of litigation and other legal contentions.
“We are currently perturbed as to how the President intends to go forward with this process in the face of legal objections,” Forde said.

He added, “There are a number of issues raised in our application to the court about Hicken’s current appointment as acting Commissioner of Police.”
He said that the appointment is being challenged on the basis that that “Hicken was unilaterally put in the position.”

“At the time, there was neither Leader of the Opposition nor a chairman of the Police Service Commission [PSC] which means the process was devoid of meaningful consultation with the relevant stakeholders,” Forde said.

Added to this, Forde is contending that the current Chairman of the PSC, Findlay, was appointed outside the legally required process.
“It is our contention that he [Findlay] too was unilaterally appointed and so we are challenging all these matters…” Forde said.

The APNU+AFC Parliamentarian said that he is hoping that the court would address the issues raised to bring about a resolution that will clarify the appointment process was indeed outside the lawful requirements.

Last May, Opposition Member of Parliament (MP), Christopher Jones moved to the High Court in a bid to have Hicken’s acting appointment overturned.
Jones has, inter alia, asked that the Court grants a declaration that Hicken’s appointment as the acting Commissioner of Police is unreasonable, ultra vires the Constitution, Common Law and is illegal, null, void and of no legal effect.

Specifically, Jones requested that the Court grant a declaration that the appointment violates article 211 (1) and 211(2) of the Constitution.
He has also asked for a declaration that the decision to appoint Hicken as acting Commissioner of Police violates the process as required and contemplated by the Constitution for the consultation between the President and the Leader of the Opposition.

Jones wants the court to issue an Order or ask Mr. Hicken to show under what authority he is exercising and/or discharging the functions of the office of Commissioner of Police in an acting capacity or any capacity whatsoever.

Additionally, Jones who is also the Chief Whip for the A Partnership for National Unity + Alliance For Change (APNU+AFC) coalition asked the Court to grant an order quashing Hicken’s appointment as acting Commissioner of Police.

On the grounds of his application, Jones noted that President Ali’s decision to invoke the doctrine of necessity to appoint Hicken as acting Commissioner of Police is therefore unlawful and unconstitutional.

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