Appeal Court to Rule March 17 on Mohameds’ Bid to Halt Extradition

The Guyana Court of Appeal is expected to rule on March 17 on a challenge filed by businessmen Azruddin Mohamed and Nazar Mohamed, who are seeking to block the legal authority used to initiate their extradition to the United States.

Azruddin Mohamed is also the Leader of the Opposition and head of the political party We Invest in Nationhood (WIN), which holds 16 seats in the National Assembly as the main opposition party.

The announcement came after the appellate court heard arguments in the matter yesterday at the Court of Appeal in Kingston. During the proceedings, attorneys for the Mohameds asked the court to pause the extradition case currently before the Georgetown Magistrates’ Court until the appeal is determined.

The appellate panel declined that request, indicating instead that it will deliver its ruling on the substantive appeal on March 17, allowing the magistrate’s court proceedings to continue in the meantime.

The matter was heard by acting Chancellor Roxane George SC, alongside Justices Rishi Persaud and Nareshwar Harnanan.

The Mohameds’ legal team, led by Senior Counsel Fyard Hosein and Roysdale Forde, argued that the Authority to Proceed (ATP) issued by Minister of Home Affairs Oneidge Walrond to trigger the extradition process was invalid.

They contended that the minister’s involvement created a reasonable perception of bias because she is part of the government that the appellants have publicly criticised.

Attorneys representing the state rejected that argument. Senior Counsel Douglas Mendes, appearing for the Home Affairs Minister, and Attorney General Anil Nandlall SC, representing himself as a respondent, maintained that issuing the Authority to Proceed is an administrative step required under the country’s extradition laws.

Speaking after the hearing, Nandlall said the appellants’ arguments were largely based on claims that the Home Affairs Minister acted with bias when issuing the Authority to Proceed, but noted that no evidence had been presented to support that allegation. He explained that the minister’s role is simply to initiate the extradition process as required by law and cannot be delegated, warning that accepting the appellants’ argument could allow individuals to engage in politics and later claim bias to obstruct extradition proceedings.

The appeal follows a February 4 ruling by acting Chief Justice Navindra Singh, who dismissed the Mohameds’ attempt to have the Authority to Proceed quashed.

The United States government is seeking the extradition of the father and son to face charges including mail fraud, wire fraud and money laundering.

The request is linked to an 11-count indictment filed in the United States District Court in Miami, which alleges that the pair were involved in a multi-million-dollar scheme involving gold exports, customs fraud, bribery and the evasion of taxes and royalties owed to Guyana.