Police Force cannot be ‘headless’
ATTORNEY General and Minister of Legal Affairs, Anil Nandlall
ATTORNEY General and Minister of Legal Affairs, Anil Nandlall

-Nandlall says in defence of Hicken’s appointment as Top Cop

GIVEN that there is no Leader of the Opposition and Police Service Commission (PSC) for the president to consult with, the Guyana Police Force (GPF) could not be allowed to function without a head or have its operations disrupted, Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C., has said.

The AG made these statements on Tuesday as he defended President Dr. Irfaan Ali’s decision to appoint Deputy Commissioner “Operations” (ag), Clifton Hicken, as Acting Commissioner of Police.

Hicken officially took up the post on Wednesday, three days after Commissioner of Police (ag), Nigel Hoppie, proceeded on pre-retirement leave. Hoppie was appointed in August 2020.

Speaking during his online programme “Issues in the News”, the AG explained that the constitution provides for the appointment of a commissioner by the president.

He said that that appointment is to be made by the president after he would have engaged in meaningful consultation with the Leader of the Opposition and the chairperson of the PSC after that person would have consulted with the other members of the commission.

“Currently, you don’t have a Leader of the Opposition and you don’t have a Police Service Commission. It’s no fault of the government or the president that there is no Leader of the Opposition. It’s no fault of the government or the president that there is no Police Service Commission because the appointment of the Police Service Commission comes through a process which again involves consultation with the Leader of the Opposition and there is no Leader of the Opposition,” he said.

Commissioner of Police (ag), Clifton Hicken

Despite this situation, the AG noted that the GPF “cannot be headless” as it is important for there to be a top cop since this is the person who is responsible for the overall management of the force’s operations.

He opined that the laws of Guyana would not provide for the process of appointing a head of the force to grind to a halt nor would the constitution see the country go without a Commissioner of Police if a recalcitrant opposition cannot “get its house in order” and appoint a leader.

“National security, public safety, and the need for there to be an administrative head of the Guyana police force would trump the need for procedural regularity, and the Doctrine of Necessity would justify a departure from what is required by the constitution in this case, because there is an impossibility in securing constitutional compliance. The bodies with whom the president is required to consult in this instance are non-existent,” Minister Nandlall said.

He added that while the process regarding the selection of the Commissioner of Police is laid out in the constitution, the power to choose the individual that will fill the role lies solely with the president. He noted that the president has the right to “utilise deliberate judgement” in appointing the top cop and can do so based on merit, seniority, or service.

PRECEDENCE SET
Minister Nandlall noted that precedence of the president appointing the top cop is one which has been set and followed by previous presidents.

The appointment of Leslie James in 2018 by then President, David Granger,was referenced.

According to the minister, James, at the time of his appointment was not the most senior officer in the force. He noted that no law explicitly states that the top cop must be the rank that is most senior at that time.

“There were about three or four officers who were more experienced than Mr. James but Mr. James was chosen by President Granger as President Granger was entitled to do. There is no rule, there is no provision in any law that requires the most senior officer to be chosen. Seniority and meritocracy are not the same things. Seniority and excellence are not the same things,” he said.

Since the announcement of Hicken’s appointment, the Opposition has claimed that the president’s decision was illegal. Nandlall, however, expressed his disagreement and maintained that the president acted within the legal perimeters of the constitution.

Nandlall said that any legal proceedings filed by the People’s National Congress/Reform (PNC/R) will not be substantiated by any court of law as the Doctrine of Necessity will safeguard the decision of the president.

He added that the president cannot abandon his responsibility to the people of Guyana due to the lack of partners for consultation on the appointment of a someone to fill such an important post.

“In that scenario, a president can’t abdicate his responsibility and can’t allow the police force that is responsible for the national and domestic security of a country to be without an administrative head. Therefore, the law will justify a president making an appointment even though those with whom he has to consult are not available for consultation,” the Attorney General stated.

Hicken, who is known for his dynamic style of management, is widely known and had received public support when he was the Commander of Region Six and Region Four.

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