Govt on good grounds to appoint Hicken Police Commissioner- Nandlall

Last Updated on Monday, 14 October 2024, 20:55 by Denis Chabrol

Mr Anil Nandlall

Attorney General, Anil Nandlall on Monday maintained that the Guyana government was on solid constitutional grounds to appoint Assistant Police Commissioner, Clifton Hicken as substantive Police Commissioner, although he has passed retirement age.

“To the contrary, the conjoint effect of the relevant provisions of the Constitution and the Constitution (Prescribed Matters) Act impel to the imminent potentiality of Mr Hicken being appointed to that Office. The contention, therefore, that he cannot, is an affront to both common sense and law,” he said in response to several criticisms.

Mr Hicken was appointed to act as police commissioner in March, 2022 when he was 53 years old .

With Mr Hicken now 56 years old, the Guyana government appears bent on appointing Mr Hicken substantive Police Commissioner despite Opposition Leader, Aubrey Norton’s objection on the grounds of alleged corruption under the acting top cop’s tenure and his qualifications. The Attorney General said government was relying on the Constitution (Prescribed Matters) Act that states that while the Police Commissioner shall vacate his office when he or she becomes 55 years , the President, acting on the recommendation of the Police Service Commission may permit a Police Commissioner who attained the age of 55 years to continue in office until up to 60 years.

Though Mr Hicken reached the mandatory retirement age of 55 years on July 22, 2023, Mr Nandlall said his tenure as Acting Police Commissioner was extended. He said by letter dated 21st July 2023, acting on the recommendation of the Police Service Commission, the President granted Mr Hicken “permission to continue to act in the Office of Commissioner of Police and to perform those functions until a time to be determined.”

In his reasoning, the Attorney General appeared to have suggested that Mr Hicken’s substantive position of Assistant Commissioner of Police was irrelevant because Article 232 of Guyana’s Constitution states that the Police Commissioner “means the officer, however styled, commanding the Police Force.” “Undoubtedly, since his appointment to act in the Office of Commissioner of Police, Mr Hicken has been and is the Officer in charge of superintending and commanding the Guyana Police Force. This indubitable state of affairs aligns with the Constitutional definition of Commissioner of Police: “the officer, however styled, commanding the Police Force”,” he said.

Human Resource Consultant, Earl John and Leader of the Alliance For Change, Attorney-at-Law Nigel Hughes do not believe that Mr Hicken can be appointed to the post of substantive Police Commissioner.