Mohameds move extradition matter to CCJ

Mar 24, 2026 News

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…seek urgent stay of proceedings in Magistrates’ Court

(Kaieteur News) – Opposition Leader Azruddin Mohamed and his father, Nazar Mohamed, have escalated their legal challenge against extradition proceedings by moving to the Caribbean Court of Justice (CCJ), seeking special leave to appeal a recent Court of Appeal decision that dismissed their claims of bias in the handling of the case.

The application, filed on Friday by attorney Siand Dhurjon, also seeks an order from the CCJ to stay the ongoing extradition proceedings currently before the Georgetown Magistrates’ Court, pending the outcome of the appeal. The regional court has already responded, scheduling a case management hearing for Wednesday morning via video conference.

At the centre of the application is a challenge to the Court of Appeal’s decision, which upheld an earlier High Court ruling dismissing claims that Minister of Home Affairs Oneidge Walrond acted with political bias when issuing the Authority to Proceed (ATP) in the extradition case. Both lower courts found that the Minister acted in an administrative capacity and that allegations of bias were not substantiated. However, the Mohameds’ legal team has maintained that the decision was flawed and have now taken the matter to Guyana’s final appellate court.

The Mohameds are currently facing a federal indictment in Miami, United States, following the unsealing of a 25-page document on October 2, 2025. The indictment outlines allegations of a large-scale fraud and money-laundering scheme involving gold exports, customs fraud, bribery, and the evasion of millions of dollars in taxes and royalties owed to the Guyanese state. Acting on a formal request from U.S. authorities, Minister Walrond signed the ATP, thereby initiating the extradition process. Should sufficient evidence be presented during the committal proceedings, the presiding magistrate could order their extradition to face the charges abroad.

The legal challenge stems from a High Court ruling delivered on February 4, 2026, which dismissed the Mohameds’ judicial review application contesting the ATP and raising constitutional issues regarding provisions of the Fugitive Offenders (Amendment) Act 2009. That decision was subsequently upheld by the Court of Appeal on March 17, 2026, in a ruling delivered by Chancellor (Ag) Justice Roxane George and supported by Justices of Appeal Rishi Persaud and Nareshwar Harnanan. The appellate court found “no merit” in the claims of bias, affirming the earlier findings of Chief Justice (Ag) Navindra Singh that the mere fact that Mohamed is Opposition Leader and the Minister is a member of the government did not establish bias.

In their application to the CCJ, the Mohameds are seeking several orders, including special leave to appeal the Court of Appeal’s decision, a stay of the extradition proceedings before Principal Magistrate Judy Latchman, and a reversal or setting aside of the appellate court’s ruling. They are also asking that their original Fixed Date Application, filed in December 2025, be granted and that the CCJ treat the application for special leave as the substantive appeal, given the urgency of the matter.

The defence argues that the Court of Appeal erred in law and that its decision amounts to a miscarriage of justice. In their submissions, they contend that the issues raised are of significant legal importance, particularly regarding whether the ATP decision is “incapable of attracting any actual, perceived or notional bias,” and whether the Fugitive Offenders Act allows for the delegation of such authority. They also question the applicability of Section 27 of the Interpretation and General Clauses Act, arguing that it was not intended to apply to individual decisions such as the issuance of an ATP.

The defence further argues that Minister Walrond had a direct and personal interest in issuing the ATP, given the political implications of the case. According to the application, the Minister, as a member of the government, stood to benefit politically from initiating proceedings against what the defence describes as a key political rival. “The Minister… stood to benefit directly from her decision to trigger a process leading to the arrest and extradition of her and her association’s main political rival and his father,” the filing states.

It goes on to argue that had the Minister refused to issue the ATP, she would likely have faced criticism and condemnation from within her own political ranks. This, the defence contends, created a situation in which the decision could not have been made impartially. “She stood to suffer political consequences… if she refused to issue the ATP,” the application adds.

In pressing for a stay of the extradition proceedings, the defence warns of serious consequences if the matter is allowed to continue in the Magistrates’ Court. They argue that if the committal proceedings are completed and the applicants are remanded to prison pending extradition, the magistrate would have no jurisdiction to grant bail, leaving them detained while the appeal process unfolds. “For the appeal sought to be meaningful, the proceedings before the learned magistrate ought to be stayed,” the defence argues, noting that failure to do so could result in irreversible prejudice.

Meanwhile, Attorney General and Minister of Legal Affairs Anil Nandlall, SC, has confirmed that the State has received the CCJ application and is preparing to defend the matter. Speaking to members of the media, Nandlall emphasised that while the applicants have the right to approach the CCJ, the rulings of the lower courts were clear and decisive.

“They have a right to do so. The Attorney General’s Chambers and the Minister of Home Affairs will definitely be defending the case at the Caribbean Court of Justice,” he said. He pointed to the Court of Appeal’s strong language in dismissing the case, noting that it found “absolutely no merit” in the appeal. “That was a very deliberate and very powerful statement. You get leave to appeal if the appeal has merit,” Nandlall added.

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• Azruddin Mohamed, CCJ, extradition, Magistrates’ Court, Nazar Mohamed

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