President Dr Irfaan Ali does not need Opposition Leader Aubrey Norton’s agreement for the appointment of the Commissioner of Police or any Deputy Commissioner.
This is according to Attorney General Anil Nandlall who said that the Constitution of Guyana provides for the President to make such appointments after “meaningful consultation” with the Opposition Leader and the Chairperson of the Police Service Commission, after the Chair would have consulted with the other members of the Commission.
During his programme “Issues in the News” on Tuesday, Nandlall noted that “meaningful consultation” is defined in the Constitution.
It states that the person responsible for seeking such consultation shall “identify the person’s or entities to be consulted and specify to them in writing the subject of the consultation and an intended date for the decision…”
The Constitution further outlines that the person seeking the consultation shall ensure that the person or entity being consulted is afforded a reasonable opportunity to express a considered opinion on the subject.
It also says that the person seeking the consultation shall prepare and archive a written record of the consultation.
In this regard, Nandlall contended that the Constitution does not require a face-to-face consultation.
He said President Ali has satisfied all the requirements of the Constitution.
The Head of State had written Norton on September 4, 2024, for consultation on the appointment of Clifton Hicken as Commissioner of Police and requested a response by September 18, 2024, Nandlall recalled.
Norton, he said, replied on September 17, 2024, objecting to the appointment in a two-page response.
The President then responded on October 2, 2024, answering all of the concerns raised by Norton.
“The President’s letter is even longer and the President answered all the questions, all the issues that he raised,” the Attorney General said
Nandlall explained that the President’s response proved that the contentions of Mr Norton were “factually inaccurate”.
“The President’s response outlined that Mr Hicken is the most senior member of the Guyana Police Force and acted for all the number of years,” he added.
Meanwhile, the Police Service Commission, Nandlall said, was also consulted.
He argued that, “The President must engage in meaningful consultation, not get the agreement of. Because there are some appointments in the Constitution which requires the president to secure from the Leader of the Opposition his agreement.”
“This is not one of those appointments,” he added, noting that agreement is needed, for example, for the appointments of the Chancellor and Chief Justice.
As such, Nandlall contended that any legal action filed by Norton on this matter “will be strenuously defended”.
The Attorney General said similar letters were dispatched by the President on the appointment of Deputy Commissioner of Police but Norton never responded.
