Dear Editor,
The ‘talk of the town’ is about the proposed confirmation of Clifton Hicken, the extended acting Commissioner of Police as Commissioner. Editor, please permit me to join in the conversation through this means. Let me try to put things in proper context. The appointment of a Commissioner of Police and Deputy Commis-sioner of Police is enshrined in the Constitution of the Cooperative Republic of Guyana. Here is Article 211 (1) of the Constitution, “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 other members of the Commission.” It is pellucid that there is no need for any agreement with the parties for the appointment in question.
The vexed question is whether or not the President can confirm Clifton Hicken, who has passed the age of retirement, as Commissioner of Police. Dennis Chabrol, in a recent post on Demerarawaves.com, quoted President Ali as saying that nothing in Guyana’s Constitution or laws prohibits him from appointing Assistant Commissioner of Police, Clifton Hicken, as substantive Police Commissioner although he has passed the retirement age of 55 years. The supreme legal influencer of the Govern-ment of Guyana, Anil Nandlall in his weekly television programme ‘ISSUES IN THE NEWS’ posited the same opinion. Some other persons have opposite views.
The Constitution speaks about appointment, exercising disciplinary control and removal from office of the Commissioner of Police. It does not mention anything about extending the service of the Commissioner of Police after he has passed the age of retirement, 55 years. However, the Constitution ( Prescribed matters) 27:02 dated 20/09/1967 under the caption, “Age of vacating of office by the holder of certain offices” gives the President the authority to permit the Commissioner who has attained the age of 55 years to continue in office until he has attain such later age, not exceeding sixty years.
Section (b) states, “ The President acting on the recommendation of the Police Service Commission tendered after the Prime Minister has concurred on the recommendation, may permit a Commissioner of Police who has attained the age of 55 years to continue in office until he has attained such later age, not exceeding sixty years, as may (before the Commissioner of Police has attained the age of 55 years) have been agreed with the Commissioner of Police.”
It is apposite to note that Commissioners, Balram Raghubir, Laurie Lewis, Floyd Mc Donald, Henry Greene and Leroy Brummel services were extended, but before they reached the age of retirement. According to the legal document alluded to above, a Commissioner of Police cannot be extended or confirmed after he has passed the age of retirement, 55 years. The extension or confirmation must be done before the Commissioner reaches the age of retirement, 55 years. Clifton Hicken has passed the age of retirement. Hence, he cannot be legally confirmed as Commissioner of Police. To confirm him will be unconstitutional, ultra virus, null and void and of no legal effect. I rest my case. May God help Guyana.
Sincerely.
Clinton Conway
Assistant Commissioner of Police (Ret’d)