Appointment of acting Top Cop: Chief Justice rules Hicken’s appointment constitutional

Acting Chief Justice Roxane George, SC, has upheld President Dr Irfaan Ali’s decision to appoint Deputy Commissioner of Police Clifton Hicken to act as the country’s Police Commissioner, finding that the appointment was well within the ambit of the Constitution of Guyana.

APNU+AFC Chief Whip, Christopher Jones had asked the High Court to nullify Hicken’s March 30 appointment, arguing that the President violated the Constitution when he failed to “meaningfully consult” with the Opposition Leader.

But given that the office of the Opposition Leader became vacant on January 26 after the resignation of Joseph Harmon, and was only filled when Aubrey Norton was appointed on April 14, the Chief Justice held that there was no one with whom the President could consult.

“There could be no disregard of and thereby a breach of the requirement for meaningful consultation when it was impossible to so engage. The applicant [Jones] therefore is relying on an impossibility to ground the claim of unconstitutionality,” held Justice George.

As such, she said that the Head of State acted reasonably when he forged ahead with appointing Hicken since he had to do so in the interest of the nation and Guyana Police Force.

In the circumstances, the Chief Justice dismissed Jones’s application which she deemed “vexatious and an abuse of the court process” and made an order for costs against him.