After a series of unsuccessful legal attempts to halt their extradition proceedings, Opposition Leader Azruddin Mohamed and his father, Nazar Mohamed, are once again asking the Court of Appeal to intervene and suspend the case.
The father and son are seeking a stay of the proceedings before Chief Magistrate Judy Latchman while they challenge aspects of a February ruling by Acting Chief Justice Navindra Singh on the constitutionality of provisions of the Fugitive Offenders (Amendment) Act.
Justice Singh had ruled that Section 8(3)(B) of the Act is inconsistent with the Constitution, while upholding the constitutionality of the other provisions challenged by the Mohameds.
Senior Counsel Roysdale Forde, who represents the two men, advanced the latest application before the Court of Appeal on Wednesday, asking that the extradition proceedings be paused until the substantive constitutional appeal is determined.
Forde argued that the challenged provisions give the Executive an inappropriate role in a process that should remain under judicial control.
He maintained that Sections 8(3)(A) and 8(3)(B) allow the Minister of Home Affairs to order the extradition of an individual without the matter first being fully dealt with by the Magistrates’ Court.
According to Forde, this amounts to executive interference in the judicial process and violates Article 122(A) of the Constitution, as well as the principle of separation of powers.
He told the appellate judges that the application was not asking them to determine the substantive appeal at this stage. Instead, he said, his clients were seeking interim protection until the constitutional issues are resolved.
Forde also expressed concern that the Magistrates’ Court could rely on what he described as erroneous determinations in the High Court ruling as the extradition proceedings continue.
The State opposed the latest request.
Attorney General and Minister of Legal Affairs Anil Nandlall, SC, urged the Court of Appeal to allow the proceedings before Latchman to continue.
Nandlall pointed to a recent decision of the Caribbean Court of Justice (CCJ), which dismissed an earlier appeal by the Mohameds concerning an Authority to Proceed issued by Home Affairs Minister Oneidge Walrond.
In that matter, the Mohameds had challenged the Authority to Proceed on allegations of political bias.
The latest application follows previous unsuccessful efforts by the Mohameds to halt the extradition proceedings before the Magistrates’ Court, High Court and Court of Appeal.
The CCJ subsequently granted an interim stay, but that protection was discharged after the regional court dismissed their appeal in July.
The Court of Appeal did not rule on the latest application on Wednesday.
Acting Chancellor of the Judiciary Justice Roxane George, SC, indicated that the court would issue orders and practice directions on Thursday, August 27.
The extradition proceedings before Latchman are scheduled to resume on September 3, 2026.
The United States is seeking the extradition of the Mohameds over allegations including wire and mail fraud, money laundering, conspiracy and customs violations linked to an alleged US$50 million gold export and tax-evasion scheme.
The Mohameds have maintained their innocence and argued that the US charges and extradition request are politically motivated.
Their legal team has also mounted several challenges to the validity and constitutional basis of the extradition process, most of which have been rejected by the courts.
