High Court refuses stay as extradition proceedings against Mohameds continue
Nazar and Azruddin Mohamed at court today. Credit: Prime News

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Acting Chief Justice Navindra Singh on Monday refused an application by attorneys for businessmen Nazar Mohamed and his son, Azruddin Mohamed, seeking to halt ongoing extradition proceedings in the Magistrates’ Court while constitutional challenges to Guyana’s extradition laws are heard in the High Court.

In his ruling, Justice Singh held that the extradition matter should proceed before the Magistrates’ Court notwithstanding the pending constitutional challenge. He made no order as to costs. The decision clears the way for the extradition hearing to begin on Tuesday before Principal Magistrate Judy Latchman, while the High Court is scheduled to hear substantive arguments on the constitutional issues on January 14, 2026.

The Mohameds are the subject of an extradition request from the United States, where they face an 11-count indictment in the United States District Court for the Southern District of Florida. Prosecutors allege that the father and son were involved in money laundering, tax evasion, wire fraud, mail fraud, conspiracy and customs violations linked to an alleged US$50 million gold export scheme from Guyana. Both men have denied the allegations and are contesting the extradition.
The application before the High Court sought a stay of the extradition proceedings pending the determination of constitutional challenges to Guyana’s extradition framework, particularly amendments made to the Fugitive Offenders Act in 2009.

Those challenges had earlier been raised and rejected at the committal stage by Magistrate Latchman, who ruled that the amendments were constitutional and that the issues were already settled by binding judicial authority.
Appearing for the State, Attorney General and Senior Counsel Anil Nandlall argued that Guyana’s extradition regime is governed by treaty obligations and statute, and is intended to operate as a swift and structured process between states.

He contended that the applicants were attempting to relitigate issues already dismissed by the magistrate and described the request for a stay as an abuse of the court’s process aimed at delaying the extradition.
Counsel for the Mohameds, Senior Counsel Roysdale Forde, countered that constitutional challenges need not await the conclusion of committal proceedings. He argued that the 2009 amendments to the Fugitive Offenders Act confer excessive power on the Minister of Home Affairs, undermine judicial independence, and improperly restrict the ability of extraditees to challenge alleged illegality, thereby infringing fundamental rights.
Beyond the request for a stay, the Mohameds are also challenging the Authority to Proceed issued by Minister of Home Affairs Oneidge Walrond. They contend that the authority is legally null and tainted by both presumed and apparent bias, and have asked the court to quash it and bar further involvement by Ministers Walrond and Nandlall in the extradition process.

Magistrate Latchman has already fixed January 6 and 7, 2026, for the commencement of evidence in the extradition proceedings. In previously dismissing a defence referral request, she stated that the court would not “resurrect what has been put to rest”, noting that the issues raised were governed by the doctrine of stare decisis.
The Mohameds, who own Mohamed’s Enterprise, remain on bail in the sum of $150,000 each. They have surrendered their passports and are required to report weekly to the Ruimveldt Police Station.

They were taken into custody on October 31 following the formal request from the United States.
In addition to the criminal charges, both men were sanctioned in June 2024 by the United States Office of Foreign Assets Control for alleged gold smuggling and public corruption. Azruddin Mohamed is also the leader of the We Invest in Nationhood (WIN) party, which finished second in the 2025 general and regional elections.
With the High Court declining to intervene at this stage, the extradition process will now move forward in the Magistrates’ Court as the broader constitutional questions await determination later this month.

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