–Chief Magistrate prevented from making final determination until constitutional appeal is decided
–Orders urgent hearing of constitutional challenge
The Court of Appeal of Guyana has ruled that the extradition proceedings against Opposition Leader Azruddin Mohamed and his father, Nazar Mohamed, can continue before the Georgetown Magistrates’ Courts.
However, Chief Magistrate Judy Latchman is barred from making a final determination until their constitutional appeal is heard and decided by the Court of Appeal.
The unanimous decision was handed down Thursday by Acting Chancellor of the Judiciary Justice Roxane George, SC, and Justices of Appeal Rishi Persaud and Nareshwar Harnanan, following the Mohameds’ application for a stay pending their appeal.
The father and son are now challenging aspects of a February ruling by Acting Chief Justice Navindra Singh concerning the constitutionality of provisions of the Fugitive Offenders Act.
Justice Singh had found Section 8(3)(B) inconsistent with the Constitution while upholding the other provisions challenged by the Mohameds.
The Appeal Court considered several factors in deciding the application.
These included the strength of the constitutional challenge, the risk of injustice or prejudice, the balance of convenience and the public interest in ensuring the extradition proceedings proceed in an orderly and timely manner.
The judges ultimately determined that the proceedings should not be stopped entirely.
However, they found it necessary to preserve the effectiveness of the appeal by preventing the Magistrate from bringing the extradition case to a final conclusion before the constitutional challenge is resolved.
The court specifically ordered that the proceedings “are to proceed”, while the final disposition by the presiding Magistrate remains stayed until the appeal is heard and determined.
The appellate court has also ordered that the matter be case-managed and heard on an expedited basis.
Under the case management directions issued Thursday, the Mohameds must file their Record of Appeal by September 4, while their written submissions are due by September 9.
The Attorney General must file his submissions by September 23, with the appellants permitted to file a reply by September 30.
The appeal is scheduled to be heard on October 13, 2026, at 9:30 a.m. in person at the new wing of the Court of Appeal.
The Mohameds were represented by Senior Counsel Roysdale Forde, along with attorneys Siand Dhurjon and Damien DaSilva.
The Attorney General Anil Nandlall, SC, appeared in person, assisted by Solicitor General Nigel Hawke, Deputy Solicitor General Shoshana Lall, and attorneys-at-law Joshua Cullen and Dishon Persaud.
The constitutional challenge before the Court of Appeal concerns provisions governing Guyana’s extradition process.
The Mohameds have argued that aspects of the legislation give the Executive an inappropriate role in a process that should remain under judicial control.
The latest decision follows several previous legal attempts to interrupt the extradition proceedings, including applications before the Magistrates’ Court, High Court and appellate courts.
The Caribbean Court of Justice (CCJ) in March had granted an interim stay while considering the Mohameds’ challenge to an Authority to Proceed (ATP) issued by Minister of Home Affairs Oneidge Walrond.
An ATP is the legal document issued by the Minister that formally authorises extradition proceedings to be initiated in Guyana, and the Mohameds had challenged its validity, including on the grounds of alleged political bias.
On July 29, however, the regional court dismissed their appeal, upholding the validity of the extradition process and bringing the interim stay to an end.
The United States is seeking the extradition of the Mohameds following their indictment on 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 two men have maintained their innocence and challenged aspects of the extradition process.
The Mohameds remain on $150,000 bail each, with conditions including the surrender of their passports and regular reporting to the Ruimveldt Police Station pending the completion of the extradition proceedings.
The extradition proceedings before Chief Magistrate Judy Latchman are scheduled to resume on September 3, 2026 at 9:00 a.m.
