Attorney General and Minister of Legal Affairs Anil Nandlall said that Chief Justice (ag) Roxane George-Wiltshire’s decision affirms President Ali’s legal authority to confirm Clifton Hicken as Commissioner of Police, even after he had turned 55 years old.
Speaking on this week’s “Issues in the News”, the attorney general stated that the Constitution explicitly grants the president the power, after consulting the Police Service Commission, to extend a commissioner’s tenure up to the age of 60, and this applies equally to both acting and substantive appointments.
“They couldn’t point to a single provision either in the Constitution or in any other law, and my understanding of law is that once something is not prohibited by law, then it is legal to do it,” the minister noted.
The legal challenge by Troy Garraway, represented by attorney Dexter Todd, argued that a police commissioner cannot be confirmed to the position after reaching the retirement age of 55. Chief Justice George-Wiltshire dismissed this claim, stating that the Constitution permits acting appointments in special situations, such as when there is no Leader of the Opposition to consult, and that there is no law that automatically cancels an appointment after age 55.
Attorney General Nandlall, SC, explained that President Ali first appointed Hicken to act as commissioner in March 2022, before Hicken reached the retirement age.
After Hicken turned 55 in July 2023, an extension was granted under the prescribed matters legislation, and his substantive confirmation followed in December 2024 under Article 211 of the Constitution.
The attorney general clarified the legal basis for the appointment:
“The President did so in exercising certain powers conferred upon the President by … the Constitution (Prescribed Matters) Act. That Act permits a Commissioner of Police’s tenure to be extended … Therefore, when the Act says that he shall vacate office upon the attainment of the age 55, that doesn’t apply to Hicken, because he had already been extended beyond the age 55,” according to Minister Nandlall.
He added that once something is not prohibited by law, it is deemed to be legal.
The minister further clarified, “The Constitution defines a Commissioner of Police as an officer in command of the Guyana Police Force, however, styled. So, whether he is acting or substantive, the Constitution states that whatever rules apply to the substantive officeholder apply to anyone acting in that office.”
The court also ordered Troy Garraway to pay GYD$500,000 in costs, GYD$200,000 to the State and GYD$300,000 to Hicken. The payment is due by August 29, 2025.
The ruling confirms that the President of Guyana has the constitutional authority to make such appointments and definitively resolves any remaining doubts about age limits for similar high-level appointments.
