See full statement from Attorney General and Minister of Legal Affairs Anil Nandlall:
1. A question has arisen in the public domain which I feel compelled to address. It is whether Mr. Clifton Hicken, Acting Commissioner of Police, who is over 55 years old, is eligible to be appointed (substantively) to the Office of Commissioner of Police. Some commentators contend that he cannot.
2. It will be recalled that a legal challenge was brought at the behest of Mr. Aubrey Norton, Leader of the Opposition against the appointment of Mr. Hicken to act in that position. The allegation was that His Excellency President Dr. Mohamed Irfaan Ali did not comply with the Constitution of Guyana in making that appointment.
3. In a detailed and reasoned Judgment, the learned Chief Justice dismissed that challenge and unequivocally affirm that the President acted lawfully and properly in appointing Mr. Hicken to act in the Office of Commissioner of Police.
4. Article 211 (3) of the Constitution provides that the Commissioner of Police shall vacate office when he ‘𝘢𝘵𝘵𝘢𝘪𝘯𝘴 𝘴𝘶𝘤𝘩 𝘢𝘨𝘦 𝘢𝘴 𝘮𝘢𝘺 𝘣𝘦 𝘱𝘳𝘦𝘴𝘤𝘳𝘪𝘣𝘦𝘥 𝘣𝘺 𝘗𝘢𝘳𝘭𝘪𝘢𝘮𝘦𝘯𝘵’.
5. Parliament has so prescribed in the Constitution (Prescribed Matters) Act, Cap. 27:12. Section 2 of this Act provides that the retirement age of the Commissioner of Police is 55 years.
6. However and significantly, Section 2 (b) authorises the President to permit the Commissioner of Police to continue in Office but not beyond age 60. The relevant parts of the section reads:
“2. 𝘛𝘩𝘦…𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳 𝘰𝘧 𝘗𝘰𝘭𝘪𝘤𝘦 𝘴𝘩𝘢𝘭𝘭 𝘷𝘢𝘤𝘢𝘵𝘦 [𝘩𝘪𝘴] … 𝘰𝘧𝘧𝘪𝘤𝘦 𝘰𝘯 𝘢𝘵𝘵𝘢𝘪𝘯𝘪𝘯𝘨 𝘵𝘩𝘦 𝘢𝘨𝘦 𝘰𝘧 𝘧𝘪𝘧𝘵𝘺-𝘧𝘪𝘷𝘦:
𝘗𝘳𝘰𝘷𝘪𝘥𝘦𝘥 𝘵𝘩𝘢𝘵 –
(𝘣) 𝘵𝘩𝘦 𝘗𝘳𝘦𝘴𝘪𝘥𝘦𝘯𝘵, 𝘢𝘤𝘵𝘪𝘯𝘨 𝘰𝘯 𝘵𝘩𝘦 𝘳𝘦𝘤𝘰𝘮𝘮𝘦𝘯𝘥𝘢𝘵𝘪𝘰𝘯 𝘰𝘧 𝘵𝘩𝘦 𝘗𝘰𝘭𝘪𝘤𝘦 𝘚𝘦𝘳𝘷𝘪𝘤𝘦 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯 𝘮𝘢𝘺 𝘱𝘦𝘳𝘮𝘪𝘵 𝘢 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳 𝘰𝘧 𝘗𝘰𝘭𝘪𝘤𝘦 𝘸𝘩𝘰 𝘢𝘵𝘵𝘢𝘪𝘯𝘦𝘥 𝘵𝘩𝘦 𝘢𝘨𝘦 𝘰𝘧 𝘧𝘪𝘧𝘵𝘺-𝘧𝘪𝘷𝘦 𝘺𝘦𝘢𝘳𝘴 𝘵𝘰 𝘤𝘰𝘯𝘵𝘪𝘯𝘶𝘦 𝘪𝘯 𝘰𝘧𝘧𝘪𝘤𝘦 𝘶𝘯𝘵𝘪𝘭 𝘩𝘦 𝘩𝘢𝘴 𝘢𝘵𝘵𝘢𝘪𝘯𝘦𝘥 𝘴𝘶𝘤𝘩 𝘭𝘢𝘵𝘦𝘳 𝘢𝘨𝘦, 𝘯𝘰𝘵 𝘦𝘹𝘤𝘦𝘦𝘥𝘪𝘯𝘨 60 𝘺𝘦𝘢𝘳𝘴, 𝘢𝘴 𝘮𝘢𝘺 (𝘣𝘦𝘧𝘰𝘳𝘦 𝘵𝘩𝘦 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳 𝘰𝘧 𝘗𝘰𝘭𝘪𝘤𝘦 𝘩𝘢𝘴 𝘢𝘵𝘵𝘢𝘪𝘯𝘦𝘥.”
7. By letter dated 21st July 2023, acting on the recommendation of the Police Service Commission, His Excellency granted Mr. Hicken, whose 55th birthday was on the 22nd July 2023, “𝘱𝘦𝘳𝘮𝘪𝘴𝘴𝘪𝘰𝘯 𝘵𝘰 𝘤𝘰𝘯𝘵𝘪𝘯𝘶𝘦 𝘵𝘰 𝘢𝘤𝘵 𝘪𝘯 𝘵𝘩𝘦 𝘰𝘧𝘧𝘪𝘤𝘦 𝘰𝘧 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳 𝘰𝘧 𝘗𝘰𝘭𝘪𝘤𝘦 𝘢𝘯𝘥 𝘵𝘰 𝘱𝘦𝘳𝘧𝘰𝘳𝘮 𝘵𝘩𝘰𝘴𝘦 𝘧𝘶𝘯𝘤𝘵𝘪𝘰𝘯𝘴 𝘶𝘯𝘵𝘪𝘭 𝘢 𝘵𝘪𝘮𝘦 𝘵𝘰 𝘣𝘦 𝘥𝘦𝘵𝘦𝘳𝘮𝘪𝘯𝘦𝘥.”
8. 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” [as per Article 232].
9. Article 211 (2) of the Constitution states:
“…𝘢𝘯𝘺 𝘱𝘦𝘳𝘴𝘰𝘯 𝘢𝘱𝘱𝘰𝘪𝘯𝘵𝘦𝘥 𝘵𝘰 𝘢𝘤𝘵 𝘪𝘯 𝘵𝘩𝘦 𝘰𝘧𝘧𝘪𝘤𝘦 𝘰𝘧 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳 𝘰𝘧 𝘗𝘰𝘭𝘪𝘤𝘦 𝘴𝘩𝘢𝘭𝘭…𝘤𝘰𝘯𝘵𝘪𝘯𝘶𝘦 𝘵𝘰 𝘢𝘤𝘵 𝘶𝘯𝘵𝘪𝘭 𝘢 𝘱𝘦𝘳𝘴𝘰𝘯 𝘩𝘢𝘴 𝘣𝘦𝘦𝘯 𝘢𝘱𝘱𝘰𝘪𝘯𝘵𝘦𝘥 𝘵𝘰 𝘵𝘩𝘢𝘵 𝘰𝘧𝘧𝘪𝘤𝘦 𝘢𝘯𝘥 𝘩𝘢𝘴 𝘢𝘴𝘴𝘶𝘮𝘦𝘥 𝘵𝘩𝘦 𝘧𝘶𝘯𝘤𝘵𝘪𝘰𝘯𝘴 𝘵𝘩𝘦𝘳𝘦𝘰𝘧…”
10. Having regard to the relevant provisions of the Constitution and the Constitution (Prescribed Matters) Act and the relevant factual configuration under review, wherein lies the prohibition against the President appointing Mr. Hicken (substantively) to the post of Commissioner of Police? I conceive none.
11. 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.
