Jones appeals CJ’s ruling on Hicken’s appointment 

The appellant has stated several grounds for appeal, including “the acting Chief Justice erred in law by finding that the President could have made an acting appointment to the office of Commissioner of Police without meaningful consultation is destructive to the specific Constitutional design and principles underpinning the Constitution.”

Acting Chief Justice (CJ) Roxane George-Wiltshire SC on August 11, 2022 ruled President Irfaan Ali’s appointment of Hicken was constitutional, the President acted in his “own deliberate judgment” in the absence of Leader of the Opposition at the time, and it was unclear when such an election to fill the position would have occurred. Acting CJ in her ruling noted that some three months since January 26, 2022, the Leader of the Opposition had not been elected.

Hicken was sworn in as acting COP on March 30, 2020. The Leader of the Opposition position became vacant on January 26, 2022 when Mr. Joe Harmon resigned from the position with immediate effect. Harmon later resigned as MP on March 15, 2022.  The incumbent Leader of the Opposition, Mr. Aubrey Norton, was sworn in as MP on April 13, 2022 and elected to the position the same day.

Forde, reacting immediately after the ruling, did signal an appeal will be filed to set aside the decision citing that the “impact of th[e] judgment is too grave for it to be left standing.”

The acting CJ’s ruling has implications for future interpretation of “consultation” and “meaningful consultation” as outlined in the Constitution of Guyana and for the appointment of persons to constitutional bodies where consultation and meaningful consultations between the President and Leader of the Opposition is required before filling those positions.