ACTING Chief Justice Roxane George has settled yet another baseless challenge to Police Commissioner Clifton Hicken’s role, and also set an important precedent regarding constitutional interpretation and the rule of law in Guyana.
The Chief Justice’s thorough analysis found no constitutional barrier to appointing a Police Commissioner over the age of 55.
This effectively dismantles the opposition’s outdated tactic of using age requirements to hinder proper governance.
The ruling is particularly important for the broader implications it has for constitutional governance. The opposition’s repeated efforts to challenge Hicken’s appointment through various legal means, including questioning the “meaningful consultation” requirement, debating acting versus permanent appointments, and challenging the age extension rules, show a pattern of trying to obstruct rather than engage with real constitutional issues.
Each of these challenges has been carefully addressed by the courts, creating a clear legal record that executive appointments made within constitutional boundaries cannot be stopped by bad-faith lawsuits.
Justice George’s conclusion that the Constitution (Prescribed Matters) Act does not prevent appointments beyond age 55, when viewed along with the rules allowing service extension until age 60, shows an understanding of complex constitutional issues.
This decision also confirms the government’s careful following of constitutional rules during Hicken’s appointment process.
Despite the opposition’s claims of procedural mistakes, the courts have consistently found that President Ali acted within his powers, engaging in meaningful consultation when necessary and adhering to the right procedures.
The steady judicial support for these appointments emphasises the government’s respect for constitutional processes and institutional competence.
The broader context makes this ruling even more meaningful. As democratic institutions face global challenges and constitutional norms come under pressure, Guyana’s judiciary has remained committed to upholding constitutional authority while rejecting efforts to misuse legal processes for political advantage.
The opposition should recognise this clear judicial outcome and redirect its efforts toward positive governance instead of ongoing obstruction.
The courts have made it clear: Commissioner Hicken’s appointment is constitutional, legal, and final. Further challenges will only reinforce the pattern of pointless litigation that has marked the opposition’s actions in this case.
This ruling ultimately serves the national interest by providing clarity, finality, and constitutional certainty.