Mohameds now move to CCJ in further bid to halt extradition proceedings

 

U.S indicted Guyanese businessmen Nazar Mohamed and his son, Azruddin Mohamed, who is also the country’s Opposition Leader, have moved to the Caribbean Court of Justice (CCJ) seeking special leave to appeal last week’s Court of Appeal ruling that cleared the way for their extradition proceedings to continue.

In an urgent application, the Mohameds are asking the CCJ to overturn the decision of Guyana’s Court of Appeal, which had dismissed their challenge to the extradition process and upheld earlier findings of the High Court.

The businessmen are also seeking an immediate stay of the ongoing extradition hearings before Magistrate Judy Latchman, warning that the process could be completed before their appeal is heard.

According to their filing, if the proceedings are not paused, they could be committed to prison pending extradition, at which point bail would no longer be available.

They argue that allowing the case to continue could render their appeal meaningless if the extradition process is completed first.

The matter stems from a request by the United States in October 2025 for the extradition of the father and son to face charges, including fraud and money laundering.

Following that request, Minister of Home Affairs Oneidge Walrond issued an Authority to Proceed (ATP), a legal step required to begin extradition proceedings in Guyana.

The Mohameds challenged that decision in the High Court, arguing that it was tainted by political bias. However, their application was dismissed in February 2026, with the court ruling that the minister’s role was administrative, not judicial.

That decision was later upheld by the Court of Appeal on March 17, 2026, which found no evidence of bias and ruled that the issuance of the ATP could not be disqualified on that basis.

In their CCJ filing, the Mohameds argue that both courts were wrong in law and that the minister’s decision should be subject to scrutiny for bias.

They contend that:

• The issuance of the ATP significantly affects their rights and should not be treated as a simple administrative act
• The courts failed to properly consider allegations of political bias
• Statements made by senior government officials created a perception of prejudice
• The Attorney General’s involvement in advising on the ATP may have also tainted the process

All of these arguments have already been rejected by both the High Court and the Court of Appeal in Guyana, with the rulings delivered by the acting Chief Justice and later unanimously upheld by the Chancellor-led Appeal Court panel.

They further argue that the case raises major constitutional and legal questions, including whether political officials can initiate extradition proceedings against a political opponent without breaching fairness principles.

The filing highlights Azruddin Mohamed’s role as an opposition political figure, noting that he became a Member of Parliament and leader of a major opposition party following the 2025 elections.

It claims that senior government officials had publicly criticised the Mohameds prior to the extradition request, and argues that this could create a perception of bias in the decision-making process.

The application also raises concern about the pace of the extradition hearings, noting that multiple court dates have been scheduled in quick succession and that the case could conclude within weeks.

The Mohameds say this urgency strengthens the need for the CCJ to intervene and grant a stay.

As part of the process, the CCJ has already scheduled a Case Management Conference for March 25, 2026, to give directions on how the matter will proceed.

The regional court will now determine whether to grant special leave to appeal and whether the extradition proceedings should be paused while the case is considered.