CHIEF Justice (ag) Roxane George-Wiltshire, SC, has ruled that President, Dr Irfaan Ali acted lawfully when he confirmed Clifton Hicken as the Commissioner of Police, even though Hicken had already reached the Public Service retirement age of 55.

The landmark decision, handed down in the Demerara High Court on Tuesday, effectively dismissed a legal challenge filed by Troy Garraway, who was represented by attorneys-at-law Dexter Todd and Dexter Smartt.

According to Attorney General Anil Nandlall, the Chief Justice in her ruling found that neither the Constitution nor the Constitution (Prescribed Matters) Act contains any provision that prohibits the appointment of a Police Commissioner beyond the age of 55.

He noted that this decision affirms that such appointments fall entirely within the constitutional discretion of the President. “The Constitution does not prohibit the President from appointing a Commissioner of Police beyond the age of 55…”

President Ali initially appointed Hicken to act as Commissioner of Police in March 2022, following the pre-retirement leave of then-acting Commissioner Nigel Hoppie.
After Hicken reached 55 in July 2023, the President, in August 2023, granted an extension allowing him to continue serving in the role.
According to Nandlall, the extension was granted in accordance with the Constitution (Prescribed Matters) Act.

In December 2024, President Ali officially confirmed Hicken’s appointment, using his powers under the Constitution.
He explained that under the Constitution (Prescribed Matters) Act, a Commissioner of Police is required to vacate office upon reaching the age of 55.
“Therefore, when the Act says that he shall vacate the office upon the attainment of the age of 55, that does not apply to Hicken, because his tenure had already been extended beyond the age of 55.”

However, the attorney general noted that the President, after consulting with the Police Service Commission, may permit the individual to continue serving in the role—either in an acting or substantive capacity—until the age of 60.

Nandlall explained, “The Constitution defines a Commissioner of Police as an officer in command of the Guyana Police Force, however, styled. So, whether he is acting or substantive, the Constitution states that whatever rules apply to the substantive officeholder apply to anyone acting in that office.”
Garraway had challenged the legality of Hicken’s confirmation to the substantive post, contending that, since the Constitution provides that a Commissioner of Police must vacate office at the age of 55, it implies that an appointment cannot lawfully be made after reaching that age.

Nandlall said the Chief Justice agreed with his argument that the Constitution (Prescribed Matters) Act explicitly allows for the Commissioner of Police to serve up to the age of 60, and that nothing in the legislation prevents the President from confirming a candidate after the age of 55.

The Attorney General submitted that the confirmation of Hicken was entirely valid under the law.
The court also ordered Garraway to pay $500,000 in costs.
The amount must be paid by August 29, 2025.