Attorney General Anil Nandlall has advised that President Irfaan Ali can go ahead and appoint Mr. Clifton Hicken as the substantive Commissioner of Police without the Opposition Leader’s agreement.

The Attorney General said the Constitution does not state that the Opposition Leader’s agreement is needed for the appointment. Mr. Hicken, who reached the age of retirement over a year ago is currently the Acting Police Commissioner. His acting appointment was extended by the President when he reached the retirement age last year.

The Constitution caters for “meaningful consultation” to take place on the appointment of the Commissioner of Police. The Opposition Leader has already made known his non-support of Hicken being appointed to the post.

On his “Issues in the News” television programme on Tuesday, Attorney General Nandlall explained that Guyana’s Constitution states that the President can appoint a Commissioner of Police and Deputy Commissioners of Police after consulting with the Opposition Leader and Chairperson of the Police Service Commission after the Chairperson has consulted with the other members of the Commission.

He said that process has already been followed and the way has been cleared for the President to make the appointment.

“If Mr. Norton believes that consultation or meaningful consultation requires a face-to-face meeting then he is hopelessly wrong, because the Constitution does expressly or implicedly require such an engagement. So, any action filed by Mr. Norton, in this regard will be strenuously defended and will be dismissed by any impartial, competent Court,” Nandlall predicts. 

According to the Attorney General, there are some appointments such as the Chancellor and Chief Justice which require the agreement of the Opposition, but in this case, the President’s letter to Mr. Norton and Mr. Norton’s response is enough

Nandlall says the Constitution does not state anything about agreement.

According to the Attorney General, the only person who can appoint the Police Commissioner is the President and such powers are vested in the constitution.

“The President wrote to the Leader of the Opposition and the Chairman of the Police Service Commission since September the 04th 2024, he wrote and informed Mr. Norton that he proposes to appoint Clifton Hicken, the acting Commissioner of Police as the Commissioner of Police. So, he identifies the person to be consulted who was Mr. Norton and the Chairman of the PSC and specify to them what is the subject which is the appointment and Hicken from acting to substantive and attached Mr. Hicken CV,” Nandlall outlined as the process the President followed. 

In a letter to the Opposition Leader last week, Governance Minister, Gail Teixeira hinted that the appointment of Mr. Hicken is imminent. She had outlined a number of reasons on behalf of the President.

Mr. Norton told News Source last week that he will not support the appointment of Mr. Hicken and will go to the Courts should the President go ahead with the appointment.

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