Nandlall: Nothing blocks Hicken’s appointment as Police Commissioner

• Oct 15, 2024
• news
• 22

Please see below full statement from Attorney General Anil Nandlall:

1. A question has arisen in the public domain which I feel compelled to address. It is whether 𝗠𝗿. 𝗖𝗹𝗶𝗳𝘁𝗼𝗻 𝗛𝗶𝗰𝗸𝗲𝗻, Acting Commissioner of Police, who is over 55 years old, is eligible to be appointed (substantively) to the Office of Commissioner of Police. Some commentators contend that he cannot.

2. It will be recalled that a legal challenge was brought at the behest of 𝗠𝗿. 𝗔𝘂𝗯𝗿𝗲𝘆 𝗡𝗼𝗿𝘁𝗼𝗻, 𝗟𝗲𝗮𝗱𝗲𝗿 𝗼𝗳 𝘁𝗵𝗲 𝗢𝗽𝗽𝗼𝘀𝗶𝘁𝗶𝗼𝗻 against the appointment of 𝗠𝗿. 𝗛𝗶𝗰𝗸𝗲𝗻 to act in that position. The allegation was that 𝗛𝗶𝘀 𝗘𝘅𝗰𝗲𝗹𝗹𝗲𝗻𝗰𝘆 𝗣𝗿𝗲𝘀𝗶𝗱𝗲𝗻𝘁 𝗗𝗿. 𝗠𝗼𝗵𝗮𝗺𝗲𝗱 𝗜𝗿𝗳𝗮𝗮𝗻 𝗔𝗹𝗶 did not comply with the Constitution of Guyana in making that appointment.

3. In a detailed and reasoned Judgment, the learned Chief Justice dismissed that challenge and unequivocally affirm that the President acted lawfully and properly in appointing 𝗠𝗿. 𝗛𝗶𝗰𝗸𝗲𝗻 to act in the Office of Commissioner of Police.

4. 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’.

5. Parliament has so prescribed in the 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻 (𝗣𝗿𝗲𝘀𝗰𝗿𝗶𝗯𝗲𝗱 𝗠𝗮𝘁𝘁𝗲𝗿𝘀) 𝗔𝗰𝘁, 𝗖𝗮𝗽. 𝟮𝟳:𝟭𝟮. 𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟮 of this Act provides that the retirement age of the Commissioner of Police is 55 years.

6. However and significantly, 𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟮 (𝗯) authorises the President to permit the Commissioner of Police to continue in Office but not beyond age 60. The relevant parts of the section reads:

“2. 𝘛𝘩𝘦…𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳 𝘰𝘧 𝘗𝘰𝘭𝘪𝘤𝘦 𝘴𝘩𝘢𝘭𝘭 𝘷𝘢𝘤𝘢𝘵𝘦 [𝘩𝘪𝘴] … 𝘰𝘧𝘧𝘪𝘤𝘦 𝘰𝘯 𝘢𝘵𝘵𝘢𝘪𝘯𝘪𝘯𝘨 𝘵𝘩𝘦 𝘢𝘨𝘦 𝘰𝘧 𝘧𝘪𝘧𝘵𝘺-𝘧𝘪𝘷𝘦:

𝘗𝘳𝘰𝘷𝘪𝘥𝘦𝘥 𝘵𝘩𝘢𝘵 –

(𝘣) 𝘵𝘩𝘦 𝘗𝘳𝘦𝘴𝘪𝘥𝘦𝘯𝘵, 𝘢𝘤𝘵𝘪𝘯𝘨 𝘰𝘯 𝘵𝘩𝘦 𝘳𝘦𝘤𝘰𝘮𝘮𝘦𝘯𝘥𝘢𝘵𝘪𝘰𝘯 𝘰𝘧 𝘵𝘩𝘦 𝘗𝘰𝘭𝘪𝘤𝘦 𝘚𝘦𝘳𝘷𝘪𝘤𝘦 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯 𝘮𝘢𝘺 𝘱𝘦𝘳𝘮𝘪𝘵 𝘢 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳 𝘰𝘧 𝘗𝘰𝘭𝘪𝘤𝘦 𝘸𝘩𝘰 𝘢𝘵𝘵𝘢𝘪𝘯𝘦𝘥 𝘵𝘩𝘦 𝘢𝘨𝘦 𝘰𝘧 𝘧𝘪𝘧𝘵𝘺-𝘧𝘪𝘷𝘦 𝘺𝘦𝘢𝘳𝘴 𝘵𝘰 𝘤𝘰𝘯𝘵𝘪𝘯𝘶𝘦 𝘪𝘯 𝘰𝘧𝘧𝘪𝘤𝘦 𝘶𝘯𝘵𝘪𝘭 𝘩𝘦 𝘩𝘢𝘴 𝘢𝘵𝘵𝘢𝘪𝘯𝘦𝘥 𝘴𝘶𝘤𝘩 𝘭𝘢𝘵𝘦𝘳 𝘢𝘨𝘦, 𝘯𝘰𝘵 𝘦𝘹𝘤𝘦𝘦𝘥𝘪𝘯𝘨 60 𝘺𝘦𝘢𝘳𝘴, 𝘢𝘴 𝘮𝘢𝘺 (𝘣𝘦𝘧𝘰𝘳𝘦 𝘵𝘩𝘦 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳 𝘰𝘧 𝘗𝘰𝘭𝘪𝘤𝘦 𝘩𝘢𝘴 𝘢𝘵𝘵𝘢𝘪𝘯𝘦𝘥.”

7. By letter dated 21st July 2023, acting on the recommendation of the Police Service Commission, His Excellency granted 𝗠𝗿. 𝗛𝗶𝗰𝗸𝗲𝗻, whose 55th birthday was on the 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.”

8. Undoubtedly, since his appointment to act in the Office of Commissioner of Police, 𝗠𝗿. 𝗛𝗶𝗰𝗸𝗲𝗻 has been and is the Officer in charge of superintending and commanding the Guyana Police Force. This indubitable state of affairs aligns with the Constitutional definition of Commissioner of Police: “𝘵𝘩𝘦 𝘰𝘧𝘧𝘪𝘤𝘦𝘳, 𝘩𝘰𝘸𝘦𝘷𝘦𝘳 𝘴𝘵𝘺𝘭𝘦𝘥, 𝘤𝘰𝘮𝘮𝘢𝘯𝘥𝘪𝘯𝘨 𝘵𝘩𝘦 𝘗𝘰𝘭𝘪𝘤𝘦 𝘍𝘰𝘳𝘤𝘦” [as per 𝗔𝗿𝘁𝗶𝗰𝗹𝗲 𝟮𝟯𝟮].

9. 𝗔𝗿𝘁𝗶𝗰𝗹𝗲 𝟮𝟭𝟭 (𝟮) of the 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻 states:

“…𝘢𝘯𝘺 𝘱𝘦𝘳𝘴𝘰𝘯 𝘢𝘱𝘱𝘰𝘪𝘯𝘵𝘦𝘥 𝘵𝘰 𝘢𝘤𝘵 𝘪𝘯 𝘵𝘩𝘦 𝘰𝘧𝘧𝘪𝘤𝘦 𝘰𝘧 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯𝘦𝘳 𝘰𝘧 𝘗𝘰𝘭𝘪𝘤𝘦 𝘴𝘩𝘢𝘭𝘭…𝘤𝘰𝘯𝘵𝘪𝘯𝘶𝘦 𝘵𝘰 𝘢𝘤𝘵 𝘶𝘯𝘵𝘪𝘭 𝘢 𝘱𝘦𝘳𝘴𝘰𝘯 𝘩𝘢𝘴 𝘣𝘦𝘦𝘯 𝘢𝘱𝘱𝘰𝘪𝘯𝘵𝘦𝘥 𝘵𝘰 𝘵𝘩𝘢𝘵 𝘰𝘧𝘧𝘪𝘤𝘦 𝘢𝘯𝘥 𝘩𝘢𝘴 𝘢𝘴𝘴𝘶𝘮𝘦𝘥 𝘵𝘩𝘦 𝘧𝘶𝘯𝘤𝘵𝘪𝘰𝘯𝘴 𝘵𝘩𝘦𝘳𝘦𝘰𝘧…”

10. Having regard to the relevant provisions of the 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻 and the 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻 (𝗣𝗿𝗲𝘀𝗰𝗿𝗶𝗯𝗲𝗱 𝗠𝗮𝘁𝘁𝗲𝗿𝘀) 𝗔𝗰𝘁 and the relevant factual configuration under review, wherein lies the prohibition against the President appointing 𝗠𝗿. 𝗛𝗶𝗰𝗸𝗲𝗻 (substantively) to the post of Commissioner of Police? I conceive none.

11. To the contrary, the conjoint effect of the relevant provisions of the 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻 and the 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻 (𝗣𝗿𝗲𝘀𝗰𝗿𝗶𝗯𝗲𝗱 𝗠𝗮𝘁𝘁𝗲𝗿𝘀) 𝗔𝗰𝘁 impel to the imminent potentiality of 𝗠𝗿. 𝗛𝗶𝗰𝗸𝗲𝗻 being appointed to that Office. The contention, therefore, that he cannot, is an affront to both common sense and law.

https://newsroom.gy/2024/10/14/nandlall-nothing-blocks-hickens-appointment-as-police-commissioner/