Former Minister, David Patterson has warned that the failure to speedily elect a Leader of the Opposition could provide a Constitutional loophole for the government to exploit. He pointed to the 2022 appointment of Clifton Hicken as a cautionary example.
In 2022, the then- Opposition Chief Whip Christopher Jones challenged the appointment of Clifton Hicken as acting Commissioner of Police.
Jones had argued that President Irfaan Ali’s decision was unconstitutional because the President had not engaged in the required consultation with the Leader of the Opposition, as stipulated under Article 211 of the Constitution.
However, Chief Justice (ag) Roxane George dismissed the challenge, ruling that at the time of Hicken’s appointment, there was no Opposition Leader and no functioning Police Service Commission, which made consultation impossible. The Court held that the President’s action was justified under the doctrine of necessity and therefore lawful.
The judgment effectively confirmed that in the absence of a Leader of the Opposition, presidential actions that normally require consultation can still be considered valid.
It is this precedent Patterson now warns could again be used if the opposition fails to elect a Leader of the Opposition.
On Monday the Members of the 13th Parliament took their oaths of office. The nomination of the Leader of the Opposition was deferred as is customary.
Under the Constitution of Guyana, the LOO is nominated in a meeting among Opposition legislators and the House Speaker. No date has been set for that meeting.
He added that Guyana is “caught between the devil and the deep blue seas”, explaining that while some may be against US-sanctioned businessman, Azruddin Mohamed taking up the Opposition Leader seat, they must also be cognizant of the dangers that loom the longer the seat remains empty.
“On one hand, some may be against Mohammed ascending to the position, on the other hand, without a LOO, that opens the door for the PPP to make several appointments, which would normally have to be done after consultation with the LOO, knowing that the Court has alreadly ruled, that if there is no one to consult – the President actions are legal.”
