Oral arguments in challenge to acting Top Cop appointment set for July 20

Jul 09, 2022 News

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Kaieteur News – On July 20, Chief Justice (ag), Roxane George, is slated to hear oral arguments from the applicants and respondents in the litigation which challenges the appointment of Clifton Hicken, as acting Commissioner of Police.

In March, President Irfaan Ali had appointed Hicken, using the doctrine of necessity. Months later, Opposition Member of Parliament (MP), Christopher Jones moved to the High Court in a bid to have the appointment of Hicken overturned.

The case was drafted by attorneys Roysdale Forde and Selwyn Pieters and lists Attorney General (AG) Anil Nandlall SC, and the Acting Commissioner of Police, Hicken, as respondents.

On Friday, Nandlall made a request to the court to file an affidavit of defence in the case in relation to the doctrine of necessity and several correspondences between President Ali, and Leader of the Opposition, Aubrey Norton.

Forde made several objections to the AG’s plea to file the affidavit but the Chief Justice however, granted Nandlall’s request but in short order. As such, she indicated that if the affidavit is considered to be as not relevant, cost will be added for irrelevancy.

Nandlall has to submit his affidavit of defence on or before July 11, with cost to Jones, in the sum of $50,000 to be paid on or before service.

Forde was also granted permission to respond to the Nandlall’s affidavit but can only respond if necessary.

Jones has, asked that the Court grants, among other reprieves, a declaration that Hicken’s appointment as the acting Commissioner of Police is unreasonable, ultra vires of 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 also wants the court to issue an Order, or ask 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 Irfaan Ali’s decision to invoke the doctrine of necessity to appoint Hicken as acting Commissioner of Police, is therefore unlawful and unconstitutional.

According to Jones, the qualification to perform the duties of Commissioner of Police, is the next most senior officer and that person should be Deputy Police Commissioner, Paul Williams.

“That is the convention that exists at the time, to ensure that the Guyana Police Force continues to function with someone at the helm,” Jones said.

In his affidavit, Jones recalled that the then substantive Police Commissioner, Leslie James, proceeded on pre-retirement leave on July 31, 2020 and Deputy Police Commissioner Nigel Hoppie, acted as Police Commissioner from June 1, 2018. As such, he noted that the natural course of succession should continue.

President Ali, on assuming office on August 2, 2020, failed to consult with then Opposition Leader, Joseph Harmon, until he and his party recognise the government.

Jones said that in or around August 8, 2021, the term of the Police Service Commission (PSC) ended, but had been suspended before. The constitutionality of the suspension is still before the court.

He explained that, “shortly thereafter, and in private, the President of Guyana, His Excellency Mohamed Irfaan Ali, illegally and unconstitutionally appointed a Commissioner of Police, in the name of Mr. Clifton Hicken. His Excellency Mohamed Irfaan Ali, President of Guyana, appointed Mr. Hicken as acting Commissioner of Police without any requisite consultation.”

The Opposition MP, therefore, contends that President Ali and then Leader of the Opposition Harmon, were required, between August 2, 2020 and January 20, 2022, when there was a Chairman of the PSC and an Opposition Leader, to meaningfully consult on the matter.

He claimed that there was refusal to “meaningfully consult” with the Leader of the Opposition between August 3, 2020 and January 26, 2022 on vacancies in several constitutional offices.

Jones noted that, “the insistence that the Opposition must ‘recognise’ the government before any consultation or meeting could take place, has had a meaningful impact on how the exercise of the purported necessity has to be evaluated and analysed.”

Additionally, the APNU+AFC MP pointed out, “…there has been no publication in the Official Gazette or any other published legal document which attests to or substantively proves that Mr. Hicken the ‘appointed’ acting Commissioner of Police is in fact legally in office.”

 

 

 

 

 

 

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