President Dr. Irfaan Ali on Thursday said he followed the Constitution in the official appointment of Commissioner of Police, Clifton Hicken.
“I have also fulfilled my constitutional requirement for the appointment of the Commissioner of Police and every aspect of the appointment has been meticulously followed as prescribed by the constitution. Consultation, everything,” President Ali said, minutes after Hicken took the Oath of Office.
Hicken was acting in this position since 2022.
Top Police officials Ravindradat Budhram, Wendell Blanhum, Errol Watts, and Fizul Karimbaksh were also sworn in as Deputy Commissioners of Police in a ceremony at the Office of the President.
President Ali, who is also the Commander-in-Chief of the Armed Forces of Guyana, said it is crucial to have these substantive appointments. He said those appointments provide “stability and clear leadership” while also boosting morale in the force.
Months ago, President Ali wrote to Opposition Leader Aubrey Norton to confirm the appointment. Mr. Norton did not support the move.
Before that engagement, Norton was among those who opposed Mr. Hicken’s substantive appointment.
A legal challenge was brought by Mr. Norton but it was dismissed by Chief Justice (ag.) Roxane George SC.
Subsequently, in a statement, Attorney General Nandlall SC said 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.”
Parliament has prescribed this in the Constitution (Prescribed Matters) Act, Cap. 27:12. Section 2 of this Act states that the retirement age of the Commissioner of Police is 55 years. However, Section 2(b) of the Act allows the President to authorize the Commissioner of Police to continue in office, but not beyond 60 years.
By letter dated 21st July 2023, and based on the recommendation of the Police Service Commission, Dr. Ali granted Mr. Hicken, whose 55th birthday was on 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.
