The extradition proceedings against Opposition Leader Azruddin Mohamed and his father, businessman Nazar Mohamed, will continue in the Magistrate’s Court, but the magistrate cannot make a final decision until the Court of Appeal determines a constitutional challenge brought by the two men.
The unanimous order was issued Thursday, August 27, 2026 by Acting Chancellor Roxane George-Wiltshire and Justices of Appeal Rishi Persaud and Nareshwar Harnanan, following an urgent application by the Mohameds seeking to halt the extradition proceedings while their appeal is heard.
The Court of Appeal stopped short of suspending the proceedings altogether. Instead, it ordered that the Magistrate’s Court process continue while placing a stay on its final disposition.
“The proceedings in the Magistrate’s Court involving the appellants are to proceed,” the court ordered. “However, the final disposition of the said proceedings by the presiding Magistrate is stayed until the hearing and determination of this appeal.”
The practical effect is that Chief Magistrate Judy Latchman can continue hearing evidence and dealing with procedural matters, but she cannot bring the extradition inquiry to a final conclusion before the Court of Appeal rules on the constitutional issues.
The appeal centres on provisions of Guyana’s Fugitive Offenders Act, including the constitutional validity of sections governing the extradition process. The Mohameds contend that the legislation gives the executive too much authority over a process that should receive stronger judicial oversight and raises concerns about the separation of powers.
The current appeal follows a February 24, 2026, High Court decision by Acting Chief Justice Navendra Singh. The High Court found one portion of the Act unconstitutional but upheld other challenged provisions and allowed the extradition proceedings to continue.
The case has already travelled through several levels of Guyana’s legal system.
In March, the Court of Appeal unanimously rejected a separate challenge by the Mohameds to the Authority to Proceed (ATP) issued by Home Affairs Minister Oneidge Walrond after the United States requested their extradition. The appellate court found no established bias on the minister’s part and refused to halt the proceedings.
The matter then reached the Caribbean Court of Justice (CCJ), which on July 29, 2026, unanimously dismissed the Mohameds’ appeal and upheld the decisions of Guyana’s High Court and Court of Appeal concerning the minister’s authority to issue the ATP. That judgment cleared the way for the extradition proceedings to resume.
The United States is seeking the extradition of Azruddin and Nazar Mohamed to face an 11-count federal indictment alleging conspiracy, mail and wire fraud and money laundering. The allegations arise from conduct that U.S. authorities say occurred before Azruddin Mohamed entered frontline electoral politics.
The latest Court of Appeal ruling does not determine whether either man will ultimately be extradited. It addresses the narrower question of whether the Magistrate’s Court can complete the process while the constitutional appeal remains unresolved.
The appellate court has ordered that the constitutional challenge be heard on an expedited basis. The Mohameds must file their written submissions by September 9, with the appeal scheduled for October 13, 2026, at 9:30 a.m. in the Court of Appeal’s new-wing courtroom.
The ruling leaves the extradition case moving on two parallel tracks: the Magistrate’s Court will continue examining the evidence, while the Court of Appeal considers whether the legal framework under which that process is being conducted is constitutionally sound.
Until the appellate court decides that question, the extradition inquiry can move forward—but it cannot reach its final destination.
