‘Appointment of Hicken hangs in balance’

Oct 11, 2024 News

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…Jagdeo tells AG to check on passing of age requirement question

Kaieteur News – President, Irfaan Ali’s desire to appoint Clifton Hicken as Commissioner of Police has hit a snag with his government now faced with legal questions as to whether this can be done, given that the acting police chief has already passed the age of retirement.

Hicken’s tenure as the acting head of the force was extended by President Ali although he has crossed the age limit of 55. Vice President Bharrat Jagdeo was asked whether President Ali can go beyond this by now appointing him substantively and he said that the Attorney General, Anil Nandlall has been instructed to check out the legal ramifications.

Speaking at his Freedom House press conference Jagdeo said, “I have listened to the Attorney General and I spoke with him in Parliament and I told him that he needs to get more information out about the legality of the process. So first of all, I saw in the comments he made, he dealt with the powers vested in the President, and there is a view that because Hicken has an extension now, he might not be eligible to be confirmed. So that issue needs to be dealt with by the Attorney General…” Jagdeo said.

Jagdeo said the compliance referred to is the consultation with the Leader of the Opposition Aubrey Norton whereby he does not have to agree with the president but in keeping with the constitution consultations must be held between the two, which was done in the form of letters. Questioning the reason for the “big noise” in persons saying that to appoint Hicken is unlawful, while he of himself is of the opinion that it is not, he has asked the AG to get the necessary information to ensure that the appointment will not be unlawful “because people may be questioning the lawfulness of it not whether the president has the power to appoint but whether we have complied with the process. He assured me that we have complied with the process to get the extension done and also the process to have the confirmation also done.”

Unconstitutional

Meanwhile, in a letter to the editor, Retired Assistant Police Commission (ACP), Clinton Conway said to appoint Hicken as the Police Commission after he would have passed the age of retirement would be unconstitutional. Conway noted that the appointment of a Commissioner of Police and Deputy Commissioner of Police is enshrined in the Constitution of the Cooperative Republic of Guyana. Article 211 (1) of the Constitution states,” The Commissioner of Police and every Deputy Commissioner of Police shall be appointed by the President acting after meaningful consultation with the Leader of the Opposition and Chairperson of the Police Service Commission after the Chairperson has consulted with other members of the Commission.”

Conway said it is pellucid that there is no need for any agreement with the parties for the appointment in question. “The vex question is whether or not the President can confirm Clifton Hicken who has passed the age of retirement as Commissioner of Police,” Conway reasoned.

The retired ASP said the Constitution speaks about appointment, exercising disciplinary control and removal from office of the Commissioner of Police. It does not mention anything about extending the service of the Commissioner of Police after he has passed the age of retirement, 55 years. However, he said the Constitution (Prescribed matters) 27:02 dated 20/09/1967 under the caption, ” Age of vacating of office by the holder of certain offices, ” gives the President the authority to permit the Commissioner who has attained the age of 55 years to continue in office until he has attained such later age, not exceeding sixty year. Section (b) states: “the President acting on the recommendation of the Police Service Commission tendered after the Prime Minister has concurred on the recommendation, may permit a Commissioner of Police who has attained the age of 55 years to continue in office until he has attained such later age, not exceeding sixty years, as may (before the Commissioner of Police has attained the age of 55 years) have been agreed with the Commissioner of Police.”

No precedent

Conway said it is apposite to note that former Commissioners: Balram Raguber, Laurie Lewis, Floyd McDonald, Henry Greene and Leroy Brummel services were extended, but before they reached the age of retirement. He said according to the legal document alluded to above, a Commissioner of Police cannot be extended or confirmed after he has passed the age of retirement, 55 years. “The extension or confirmation must be done before the Commissioner reaches the age of retirement, 55 years. Clifton Hicken has passed the age of retirement, hence he cannot be legally confirmed as Commissioner of Police. To confirm him will be unconstitutional, ultra vires, null and void and of no legal effect.  I rest my case.”

(‘Appointment of Hicken hangs in balance’)

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• appointment, Attorney General, Commissioner, Jagdeo, unlawful

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