Attorney General and Minister of Legal Affairs, Anil Nandlall is defending President Irfaan Ali’s decision to extend Mr Clifton Hicken’s tenure as Acting Commissioner of Police, pointing out that there is nothing unconstitutional about the extension.

“I wish to confirm, in my humble and respectful view that His Excellency, the President complied with the Constitution and complied with the laws in relation to the extension of Mr Hicken’s acting tenure beyond his age of retirement,” the Attorney General said.

The Attorney General, at time, was speaking on his weekly programme “Issues in the News.”

He has also revealed that the President’s decision was based on a recommendation of the recently constituted Police Service Commission.

The opposition APNU+AFC has indicated its intention to challenge the President’s decision in the High Court.

Leader of the Opposition, Aubrey Norton, is of the opinion that the tenure of an acting Police Commissioner cannot be extended.

In rushing to the defence of the President, the Attorney General said nothing in the Constitution bars the President from extending the tenure of an Acting Police Commissioner.

“It is my considered and respectful view that there is nothing in the constitution or in any other law, which confines the extension of tenure of the holder of that office to substantive appointees only. In my considered and respectful view, the holder of that office whether acting or substantively, enjoys all the powers, all the facilities and all the privileges of that office,” the Attorney General said.

But Retired Assistant Commissioner of Police and former Member of the Police Service Commission (PSC), Clinton Conway, expressed a different view in a letter to the media.

Mr. Conway said the Constitution does not permit an extension to the Office of the Commissioner of Police regardless of whether the appointment was substantive or acting.

But the Attorney General, while agreeing with Mr Conway, said another piece of legislation empowers the president to grant such extension.

Mr. Nandlall said that under the Constitution Prescribes Matter Act, the President is empowered to extend the tenure of the Commissioner of Police beyond his age of retirement, providing that he receives a recommendation from the Police Service Commission to that effect.

According to Minister Nandlall, it was based on the recommendation of the Police Service Commission, that Mr Hicken’s tenure as Acting Police Commissioner was extended.

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