Attorney-General affirms

ATTORNEY-General and Minister of Legal Affairs Anil Nandlall, S.C., has affirmed that President Dr. Irfaan Ali acted in complete accordance with the laws when extending the tenure of Mr. Clifton Hicken as acting Commissioner of Police beyond his age of retirement.
In his weekly programme, “Issues in the News” on Tuesday, Minister Nandlall addressed criticisms raised by Leader of the Opposition Aubrey Norton, and Clinton Conway, which were centred on the legality of the extension.

According to Norton, the appointment was deemed unlawful due to the belief that the Office of the Commissioner of Police could only enjoy an extension if the office holder had a substantive appointment.

Nandlall, however, countered this argument by asserting that there is no provision in the Constitution or any other law that restricts the extension of tenure solely to substantive appointees.

He said that regardless if the appointee is acting or substantive, they enjoy all the powers, facilities, and privileges of the office.
“In my considerate and respectful view, the holder of that office, whether acting or substantively, enjoys all the powers, all the facilities, and all the privileges of that office. Significantly, the method of appointment to the substantive post and to the acting post is identical; both require meaningful consultation with the Leader of the Opposition,” Nandlall said.
He further elaborated that since the appointment process remains consistent, the extension process should logically follow the same pattern, thus abiding by the Constitution.
Nandlall addressed Norton’s assertion that the Constitution itself does not provide for an extension of the Commissioner of Police’s tenure. He clarified that while the Constitution indeed lacks explicit provisions for such extensions, the Constitution (Prescribed Matters) Act Chapter 27:12 fills this gap.

This piece of legislation empowers the President to extend the tenure of a Commissioner of Police beyond retirement age, provided there is a recommendation from the Police Service Commission. Nandlall pointed out that the President indeed received the required recommendation from the Commission in this case.
“In my respectful view, logically, follows that if the appointment process is the same, the disappointment process will be the same, and the Constitution so prescribes,” Nandlall said, adding:

“And if the holder of that office, whether substantively or by virtue of an acting appointment, can be extended, then I see no reason and no principle confining that extension only to a substantive appointee and not an acting appointee. There’s nothing in the Constitution that makes that distinction.”
Addressing Conway’s criticism, Nandlall said that it was distinct from Norton’s, in that his contention is that neither a substantive holder nor an acting holder of the Commissioner of Police’s office could be granted an extension, as the Constitution does not permit it.

Nandlall agreed with Conway’s interpretation, stating, “He is perfectly correct. The Constitution itself does not provide for an extension, either for the Commissioner of Police substantive or to the Commissioner of Police acting; another piece of legislation does.”

Nandlall pointed to the Constitution (Prescribed Matters) Act Chapter 27:12, Act 21 of 1967, as the legislation that provides the legal framework for such extensions. This Act empowers the President to extend the Commissioner’s tenure, given the recommendation from the Police Service Commission.
Highlighting the procedural consistency, Nandlall underscored that the same appointment process, which involves meaningful consultation with the Leader of the Opposition and the Police Service Commission, applies to both acting and substantive appointments.

To put the matter to rest, Nandlall concluded: “Let me conclude by saying that in my considered view, His Excellency the President complied with both the Constitution and the Constitution Prescribed Matters Act chapter 27:12 when he extended the tenure of Mr. Clifton Hicken to continue to act after he had reached the age of 55 years.”
He affirmed that the President followed the legal framework meticulously, ensuring that the extension was well within the bounds of the law.
In March 2022, Hicken was appointed to act as the country’s Commissioner of Police, following the retirement of Nigel Hoppie, who previously held the post. Hicken reached the age of 55 years last month.

He previously headed the Police Force’s Operations and served in many capacities including Commander of the then ‘A’ Division (Georgetown) and ‘B’ Division (Berbice). He was also the head of the Force’s Training Centre.