Chief Justice (ag) Roxane George has ruled that President Dr. Irfaan Ali’s confirmation of Clifton Hicken as Commissioner of Police, despite Hicken turning 55 years old, is lawful. This decision, delivered in the High Court, clarifies a legal challenge brought by Troy Garraway, represented by attorney Dexter Todd.
Garraway questioned the legality of Hicken’s substantive appointment after he reached the retirement age for public servants in 2023. In her ruling, Chief Justice George stated that President Ali acted within the bounds of the law, highlighting that there are no constitutional provisions preventing the appointment of a Police Commissioner beyond the age of 55.
As part of her decision, the Chief Justice awarded costs totaling $500,000, with $200,000 to the State and $300,000 to Hicken, to be paid by August 29, 2025.
The State argued that the Constitution (Prescribed Matters) Act permits the extension of the Police Commissioner’s tenure beyond 55 years, up to a maximum of 60 years. The Attorney General emphasized that there is no legal prohibition against confirmation after the age of 55, validating the President’s actions.
Todd, in his challenge, acknowledged that an acting appointment beyond 55 was acceptable but argued that Hicken’s confirmation should have occurred before he turned 55, as there was no provision for a substantive appointment at that age.
President Ali appointed Hicken to act as Commissioner in March 2022 following the pre-retirement leave of former Commissioner Nigel Hoppie. In December 2024, the President confirmed Hicken’s appointment under his constitutional authority as outlined in Article 211 of the Constitution.
Under this article, the President is required to consult with both the Leader of the Opposition and the Chairperson of the Police Service Commission before making such appointments. The ruling reinforces the constitutional authority of the President regarding these appointments and clarifies the age limit for senior positions within the police force.
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