High Court rules Hicken’s extension as Police Commissioner properly done

Last Updated on Tuesday, 6 February 2024, 23:05 by Denis Chabrol

Chief Justice Roxane George-Wiltshire on Tuesday ruled that Mr Clifton Hicken’s tenure as acting Police Commissioner was properly extended after he reached retirement age of 55 years.

“The framers of the Constitution envisioned that if there is not a substantive Commissioner of Police, that the statutory provisions that are applicable to a substantive Commissioner of Police would also apply to an acting Commissioner of Police,” she was quoted by the Attorney General’s Chambers in a statement as saying.

The High Court ruling was made against well-known People’s National Congress Reform (PNCR) member, Carol Smith Joseph who had challenged Mr Hicken’s extension of appointment after he turned 55 years on July 22, 2023.

In response to Ms Joseph’s arguments through her lawyers, the Attorney General’s Chambers relied on the Constitution (Prescribed Matters) Act, Chapter 27:12 that allowed President Irfaan Ali to extend Mr Hicken’s tenure by way of letter dated July 21, 2023. That decision, which was done on the recommendation of the Police Service Commission, allows Mr Hicken to remain as Police Commissioner until he is 60 years.

According to the Attorney General’s Chambers, the major plank of Ms Joseph’s challenge was that only the tenure of a substantive
Commissioner of Police could be extended, and that since Mr. Hicken was acting in the office of Commissioner of Police, the extension granted by Dr Ali was unlawful, unconstitutional and ultra vires.

Attorney General Anil Nandlall, for his part, argued that Guyana’s Constitution and the Constitution (Prescribed Matters) Act, Chapter 27:12 apply to both an acting and substantive Police Commissioner.

Her lawyer, Dexter Smartt, also argued that having attained the age of 55 years, Mr. Hicken was now a civilian and no longer a member of the
Guyana Police Force, and sought an order requiring the Court to direct Mr. Hicken to vacate the office of acting Commissioner of Police.

Mr Nandlall appeared in person along with Shoshanna V. Lall – Assistant Solicitor General, Laurel Dundas and Shania S. Persaud – State Counsel for the Respondent.