The government has been advised that there is no legal impediment to appointing Clifton Hicken as Commissioner of Police, with the appointment expected to withstand scrutiny.
This position was conveyed by Vice President and People’s Progressive Party (PPP) General Secretary, Bharrat Jagdeo, following consultations with Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall.Hicken has been serving in an acting capacity since March 2022.
“I spoke to the Attorney General when I saw concerns about the appointment in the newspapers, and he assured us that all legal steps had been taken, and the appointment would not only withstand public scrutiny but also any legal investigation or interrogation,” Jagdeo stated.
Jagdeo said however, that he was not aware of a substantive appointment. “I don’t follow up on these issues on a daily basis because they are not part of my remit, but I am not aware of it,” he said. Concerns about Hicken’s appointment as Commissioner stemmed from questions regarding the legality of the decision, given that he had reached the age of retirement.
The Attorney General, in response, explained that the Constitution (Prescribed Matters) Act grants the President the authority to extend the service of the Commissioner of Police beyond the retirement age of 55, but no later than 60.
In a written explanation, Minister Nandlall detailed, “By letter dated 21st July 2023, acting on the recommendation of the Police Service Commission, His Excellency granted Mr Hicken, whose 55th birthday was on the 22nd July 2023, permission to act in the office of Commissioner of Police and perform those functions until a time to be determined.”
Minister Nandlall further noted, “The conjoint effect of the relevant provisions of the Constitution and the Constitution (Prescribed Matters) Act impels the imminent potentiality of Mr Hicken being appointed to that office. The contention, therefore, that he cannot is an affront to both common sense and law.”
