PSC Chairman, Integrity Commission properly appointed – CJ rules

President Dr Irfaan Ali and other officials with members of the Integrity Commission (Photo: Office of the President/May 31, 2022)

However, the Chief Justice applied the de facto officer doctrine to uphold the decisions of the PSC, which also includes the recent promotion of several senior Police officers.

So it was ruled that Hicken’s appointment as ‘Top-Cop’ remains lawful.

Norton had filed an application at the Demerara High Court to quash the appointment of Findlay, which he said is “illegal, null, void and of no legal effect.”

As such, Norton is arguing that any consultation between the President and Findlay on the subject of the appointment of a Commissioner of Police of Guyana, is unconstitutional, null, void, and of no legal effect.

However, on August 11, the Chief Justice, while ruling in a challenge filed by APNU+AFC opposition, found that President Dr. Irfaan Ali did not breach the Constitution by choosing Clifton Hicken to act as Police Commissioner.

She refused to grant the orders sought to quash and declare the appointment as null and void.

Hicken, a substantive Assistant Commissioner who was performing the duties of Deputy Commissioner, was appointed to perform the duties of Police Commissioner effective, March 30.

When the appointment was made public the PNC/R said it will move to the Court on the basis that it was done without consultation with the Opposition Leader and the Police Service Commission (PSC).

But President Ali had long responded to the PNC/R’s concerns, saying the doctrine of necessity allowed a legal cloak for him to make the appointment.

The Constitution provides for the appointment of a Commissioner of Police to be made by the President in consultation with the Leader of the Opposition and the Chairperson of the Police Service Commission (PSC).

Joseph Harmon resigned from the post of Opposition Leader in January 2022 and the APNU+AFC Coalition has not replaced him. With the Commissioner of Police (ag) Nigel Hoppie going off into pre-retirement leave, the President moved ahead to appoint Hicken to act in the position.

The government has maintained that Hicken was appointed to prevent a vacuum in the leadership of the Guyana Police Force.

Norton also challenged the appointment of the members of the Integrity Commissioner, arguing that President Dr Irfaan Ali breached the Integrity Commission Act and did not afford him “a reasonable opportunity to express a considered opinion on the subject of the consultation.”

The Chief Justice, however, ruled that the members of the Commission were properly appointed.

The Integrity Commission comprises Demerara Bank Corporate Secretary, Chandra Gajraj as Chairperson, along with attorney Mohamed Haniff, and former Solicitor General Kim Kyte-Thomas, Hardesh Tiwari and Chris Wayne Bowman.