Dear Editor,
President Ali announced that he extended the services of Clifton Hicken acting Commissioner of Police to a date to be determined. It is suspected that the extension was done after Clifton Hicken reached the age of retirement. On July 22, 2023 Clifton Hicken became fifty five years old – the age of retirement from the Guyana Police Force. He should have demitted office on August 1, 2023 in keeping with Article 211 (3) of the Constitution and the protocols of the Public Service Commission Rules. Clifton Hicken, at a meeting last week with all the Deputy Regional Police Commanders, informed them that his extension is until sometime after the next General and Regional Elections. Those elections are scheduled for 2025.
Editor, please permit me to put things in proper context. Here is what Article 211 (1) of the Constitution of the Co-operative Republic of Guyana says about the appointment of a Commissioner and Deputy Commissioner of Police. “The Commissioner of Police and every Deputy Commissioner of Police shall be appointed by the President acting after meaningful consultation with the Leader of the Opposition and Chairperson of the Police Service Commission after the Chairperson has consulted with the members of the Commission.” Article 232 of the Constitution states”; ‘consultation’ or ‘ meaningful consultation’ means the person or entity responsible for seeking consultation shall – (a) identify the person or entities to be consulted and specify to them in writing the subject of the consultation and intended date for the decision on the subject of consultation; (b) ensure that each person or entity is afforded a reasonable opportunity to express a considered opinion on the subject of the consultation; and (c) caused to be prepared and archived a written record of the consultation and circulate the decision to each persons or entities consulted.”
It is apposite to note that the President does not have to solicit agreement from the persons or entities consulted in order to appoint a Commissioner or Deputy Commissioner of Police. Editor, let me be pellucid, I hold no brief for anyone in this matter. I have an abiding interest in law enforcement in Guyana. Thanks to the print and electronic media I have been publicly expressing my views on law enforcement issues. I will continue to do so. The vexed question is, was the extension of the service of acting Commission-er Clifton Hicken constitutional. The Constitution speaks about the appointment and removal from office of a Commissioner of Police, not extension of service. I perused the Constitution and the Public Service Commission Rules and did not see a single Article in the Constitution or a Public Service Commission Rule.in relation to the extension of service of an acting Commissioner of Police. The Constitution and the Public Service Commission Rules are silent about extension of service of a Commissioner of Police and more so an acting Commissioner of Police.
Perhaps, it might be instructive for someone in authority to enlighten the public under which Article in the Constitution the Public Service Commission Rules or any other law which is in any case subordinate to the Constitution that caters for the extension of the service of Clifton Hicken the acting Commissioner of Police. In addition, was meaningful consultations done in accordance with Article 232 of the Constitution? The Leader of the Opposition Aubrey Norton said that his party will challenge the extension of Clifton Hicken, the acting Commissioner of Police in Court this week. There are too many dangling forbidden fruits of the poisonous tree in place. This matter is crying out for urgent judicial review. Let us wait and see what will play out in Court. May God help the Guyana Police Force.
Sincerely,
Clinton Conway
Assistant Commissioner of Police
(Ret’d)
