The government was advised that nothing is barring it from appointing Clifton Hicken to the post of Commissioner of Police as the appointment will withstand scrutiny.
This view was proffered by the General Secretary of the People’s Progressive Party, Dr Bharrat Jagdeo, after consultation with the Attorney General and Minister of Legal Affairs Mohabir Anil Nandlall.
Hicken has been acting since March 2022.
“I spoke to [the Attorney General] when I saw [concerns about the appointment] in the newspapers, and he assured us that all the legal steps were taken and that the appointment would be one that can withstand not just public scrutiny, but any legal investigation or interrogation,” he said.
However, Dr Jagdeo said he is unaware of a substantive appointment.
“I don’t follow up on these issues on a daily basis because they are not part of my remit, but I am not aware of it,” he noted.
The issue concerning the appointment of Hicken as Commissioner came as a result of concerns raised about the legality of the appointment, since he had attained the age of retirement.
However, in explaining the matter, the Attorney General noted that the Constitution (Prescribed Matters) Act allows the President to extend the service of the Commissioner past the retirement age of 55, but no later than 60.
“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 act in the office of the Commissioner of Police and to perform those functions until a time to be determined,” Minister Nandall’s written explanation detailed.
“The conjoint effect of the relevant provisions of the Constitution and the Constitution (Prescribed Matters) Act impels 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,” the Attorney General continued.
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