‘Nothing improper or illegal’ – Nandlall says objections to Hicken’s appointment ‘factually incorrect, flawed’

In defence of President Irfaan Ali’s decision to appoint Clifton Hicken as the substantive Commissioner of Police, Attorney General Anil Nandlall has dismissed objections from Opposition Leader Aubrey Norton, describing them as unfounded and legally flawed.

Speaking on his weekly programme ‘Issues in the News’ Tuesday night, Nandlall rejected Norton’s claim that the President had failed to consult him in line with constitutional requirements.

The Opposition Leader has indicated his intent to challenge the appointment in court, citing alleged breaches of the Constitution.

“There is nothing improper, nothing illegal, and nothing unconstitutional about the President’s actions thus far,” Nandlall said as he stressed that President Ali followed the constitutional provisions when engaging in the appointment process.

Norton claims the process did not adhere to the constitutionally mandated consultation process, which, according to him, should have included a face-to-face meeting.

But Nandlall was adamant, explaining that the Constitution of Guyana, specifically Article 211, outlines how the Commissioner of Police and Deputy Commissioners of Police should be appointed.

He pointed out that the President alone holds the authority for these appointments, but must engage in “meaningful consultation” with both the Leader of the Opposition and the Chairman of the Police Service Commission, following which a decision is made.

“The President is required to write, engage in written dialogue, and keep a record of the consultations. There is no obligation for a face-to-face meeting,” Nandlall clarified.

“The Constitution does not require agreement from the Opposition Leader, nor does it mandate a personal meeting. What it ensures is that the Leader of the Opposition is given a reasonable opportunity to provide considered feedback,” he added.

According to Nandlall, In early September, the President wrote to Norton, informing him of the proposed appointment of Clifton Hicken as the Commissioner of Police, and requested his input.

The letter, which was sent alongside the CV of Hicken and those of five Deputy Commissioners, set a deadline for Norton’s response by September 18.

Further, Nandlall revealed that President Ali had responded to Norton’s objections on October 2, addressing each point raised by the Opposition Leader.

“The President’s letter was a detailed response, countering each contention raised by Mr Norton,” Nandlall said.

“Many of Mr Norton’s concerns were found to be factually incorrect, and the President’s reply provided ample clarification.”

The Attorney General reminded that this is not the first time Norton has challenged Hicken’s appointment.

When Hicken was first appointed as acting Commissioner in March 2022, following the pre-retirement leave of Nigel Hoppie, Norton had previously taken issue with the process.

However, as Nandlall highlighted, there was no opposition leader at that time, nor was there a functioning Police Service Commission, making the President’s action legally valid.

In March 2023, as Hicken’s 55th birthday approached — the mandatory retirement age — he continued to serve in an acting capacity.

Now, as the President seeks to confirm Hicken’s substantive appointment, Norton’s objections have resurfaced.

Hicken, a seasoned law enforcement professional, had previously headed the Police Force’s Operations before stepping into the role of Acting Commissioner.