COME July 20, Acting Chief Justice Roxane George, S.C., is expected to hear arguments in the Opposition’s challenge to the constitutionality of President Dr Irfaan Ali’s appointment of Clifton Hicken as acting Commissioner of Police.

During a hearing at the High Court on Friday, the Chief Justice granted Attorney-General, Anil Nandlall time to file further evidence in his affidavit. Opposition Chief Whip, Christopher Jones is the applicant in the matter.
Nandlall is also expected to file Hicken’s affidavit. The acting top cop is also listed as a respondent.

Nandlall was ordered to pay $50,000 in cost to Jones since he failed to file his initial affidavit within the two to four-day time frame before the matter was heard.
The Attorney-General had filed a notice of appeal asking the court for an additional five days to file his response.

However, the Chief Justice found that he had no valid reason for failing to file the affidavit on time and ordered him to pay cost.
Roysdale Forde, S.C., who is representing Jones had objected to Nandlall filing further evidence. As such, the Chief Justice instructed Forde to file an affidavit in reply on or before July 13.

All parties will have to file their written submissions by July 18, and hearing of the arguments in scheduled for July 20.
In his Fixed Date Application (FDA), Jones is seeking to overturn Hicken’s appointment since it is “unreasonable, ultra vires the Constitution, common law and is illegal, null, void and of no legal effect.”

He is also seeking a declaration that the President’s decision to appoint Hicken violates Articles 211 (1) and 211 (2) of the Constitution of Guyana.
Against this backdrop, he is also contending that there were no consultations between the President and the Leader of the Opposition as required by the Constitution prior to Hicken’s appointment.

Recently, the President, after consultation with Chairperson of the Police Service Commission (PSC), Patrick Findlay, officially nominated Hicken as Guyana’s acting Top Cop.
In a letter dated June 29, the Minister of Parliamentary Affairs and Governance, Gail Teixeira, outlined to Leader of the Opposition, Aubrey Norton, the reasons why Hicken was appointed back in March. The letter also invited Norton to give his opinion on the subject.

According to the letter, former Commissioner of Police (ag), Nigel Hoppie proceeded on pre-retirement leave on March 30, and at the time, there were no constituted Police Service Commission, nor was there a person holding the post of Leader of the Opposition.

It further stated that having regard to a number of factors, including “the preservation of law and order, the preservation of peace, and the due enforcement of all laws and regulations within Guyana, in the nation’s best interest and in the interest of national security,” President Ali opted to make the appointment rather than leave a vacuum in command and superintendence of the force.

Following consultations with Findlay, the President sought to engage Norton in “meaningful consultation”, Teixeira added in her letter.
Norton was given up to Monday, July 4, to give his opinion on the matter in writing. However, he moved to the High Court seeking to quash the appointment of Findlay and the other PSC members, claiming it was “illegal, null, void and of no legal effect.”

In his legal challenge, the Opposition Leader is contending that the President did not afford him “a reasonable opportunity to express a considered opinion on the subject of the consultation”. He maintains that this is a breach of the Integrity Commission Act.

As such, he is arguing that any consultation between the President and Findlay on the subject of the appointment of a Police Commissioner is unconstitutional, null, void, and of no legal effect.