Hicken appointment is lawful - Chief Justice

Hicken appointment is lawful – Chief Justice

Aug 12, 2022 News

Kaieteur News – Acting Chief Justice Roxane George-Wiltshire, has upheld President Irfaan Ali’s decision to appoint Assistant Commissioner of Police Clifton Hicken to act as the country’s Commissioner of Police.

Commissioner of Police (ag) Clifton Hicken

In her decision which was handed down at the High Court on Thursday, the Chief Justice determined that while in usual circumstances, as per Article 211 (2) of Guyana’s Constitution, the President is required to meaningfully consult with the Opposition Leader and the Police Service Commission before appointing a Commissioner of Police, in the case of Hicken’s appointment, there was a necessity to act. “In this sense, there was a necessity to act,” the Chief Justice ruled.

She added: “This is a case of a necessity to ensure that the unexpected lacuna did not result in a situation that would have left the Guyana Police Force without a Commissioner…It could not be that the President should have been rendered incapable of discharging his functions to appoint a Commissioner of Police.”

The Chief Justice noted too that the parties challenging Hicken’s appointment agreed with the need to appoint someone to the post given that they suggested that the vacancy could have been filled by the previous person performing the functions of Top Cop, Nigel Hoppie or someone they deemed as more suitably qualified for the post, Deputy Commissioner, Paul Williams.

Further, the Chief Justice said the appointment was well within the ambit of the Constitution of Guyana. “It cannot be declared that the appointment violates the Constitution…nor can it be declared that there was no consultation between the President and the Opposition Leader, as there was no opposition leader in place at the time for an extended period.

Acting Chief Justice Roxane George-Wiltshire, SC.

The judge noted the office of the Opposition Leader became vacant on January 26 after the resignation of Joseph Harmon, and was only filled when Aubrey Norton was appointed on April 14.

“There could be no disregard of and thereby a breach of the requirement for meaningful consultation when it was impossible to so engage. The applicant [Jones] therefore is relying on an impossibility to ground the claim of unconstitutionality,” held Justice George.

Opposition A Partnership for National Unity Alliance For Change Chief Whip, Christopher Jones had asked the High Court to nullify Hicken’s March 30 appointment, arguing that the President violated the Constitution when he failed to “meaningfully consult” with the Opposition Leader.

Jones had 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 listed Attorney General (AG) Anil Nandlall SC, and the Acting Commissioner of Police, Hicken, as respondents.

Jones had 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 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 wanted 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. Ultimately, Jones asked the Court to grant an order quashing Hicken’s appointment as acting Commissioner of Police.

On the grounds of his application, Jones had 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.

Discover more from Kaieteur News

Subscribe to get the latest posts sent to your email.

Latest News