The Guyana Police Force (GPF) must not be rendered headless because the main Parliamentary Opposition cannot get its house in order, says Attorney General and Minister of Legal Affairs, Anil Nandlall.
The Minister’s comment was in relation to a series of events that unfolded following President Dr. Irfaan Ali’s appointment/promotion of the Deputy Commissioner of Operations, Clifton Hicken to act as the Commissioner of Police.
Clifton HickenThe development is certainly not sitting well with the main opposition party, the People’s National Congress Reform (PNCR). It has since threatened legal action, contending that Hicken’s appointment/promotion reeks of unconstitutionality.
It cited Article 211 (1) of the Constitution, which states that a Top Cop and every Deputy Commissioner of Police shall be appointed by the President after meaningful consultation with the Leader of the Opposition and the Chairperson of the Police Service Commission (PSC) after the Chairperson has consulted with the other member of the Commission. The PNCR asserts that there is indeed no Leader of the Opposition and no PSC Chairman, ergo, the appointment is in breach of the Constitution.
But according to Nandlall, the fact that the Opposition is leaderless is no fault of the government or the President. In fact, the appointment of the PSC Chair also hinges on consultations between the Leader of the Opposition and the President. He pointed out that the Opposition Leader is the missing piece and in the absence of this functionary, the GPF, a critical component to maintaining law and order in the land, must not be or become headless.
Like the president, the AG also cited the “Doctrine of Necessity” in the apparent sidestepping of Article 211 (1). Nandlall in defining the doctrine said that whenever there is a lacuna (gap) in the law or impossibility to comply with legal requirements, the doctrine is activated and allows for normalcy to resume until that which is absent is restored. It is against this backdrop, Nandlall said, the move to appoint Hicken is “completely justified”.
The AG, who has been very vocal on security matters in his past appearances on “Issues in the News”, emphasized that national security, public safety, and the need for an administrative Head of the Guyana Police Force would “trump” the need for procedural regularity.
“The Doctrine of Necessity would justify a departure from what is required by the Constitution, in this case, because there is an impossibility in securing Constitutional compliance,” he reiterated.
The AG added, “Therefore, you cannot have a police force without a person performing those functions. In that scenario, a President can’t abdicate his responsibility and can’t allow the Police Force that is responsible for the national and domestic security of the country to be without an administrative Head. Therefore, the law will justify a President making an appointment even though those with whom he has to consult are not available for consultation,” the AG explained.
He added that Hicken’s appointment was further necessitated by former Acting Top Cop, Nigel Hoppie’s departure for pre-retirement leave.
Nandlall also took a swing at the Opposition; saying that the country cannot be denied the appointment of a Commissioner of Police if a “recalcitrant” opposition cannot get its house in order.
The former Opposition Leader, Joseph Harmon, resigned earlier this year amid controversy and allegations of party infighting following his resounding loss at the PNCR’s last internal elections held in December 2021. Guyana Standard understands that Harmon faced pressure from party comrades to make way for the new leader, Aubrey Norton, to ascend. It was the Central Executive Committee – the highest decision-making body in the PNCR – that wanted Norton to take over the reins.
The Committee said that it is customary for the PNCR leader to assume that role. After some resistance, Harmon forfeited that position and later, his seat in the National Assembly. Former Education Minister, Nicolette Henry also resigned.
Norton has faced some flak over the pace at which the main opposition is moving to fill those seats. He admitted this during a press conference last week upon his return from the United States of America. The leader said that concerns were raised by members of the diaspora over the apparent sloth in reappointments of Members of Parliament. He has appealed for patience to be exercised as the matter is addressed.
