Acting Chief Justice dismisses Mohameds’ challenge to Fugitive Offenders Act
Nazar and Azruddin Mohamed

Acting Chief Justice Navindra Singh has dismissed a substantive constitutional challenge brought by United States-indicted businessman Azruddin Mohamed and his father Nazar Mohamed, paving the way for extradition proceedings against them to continue.

The ruling, handed down on Tuesday in the High Court, rejected arguments that key provisions of the Fugitive Offenders Act—particularly amendments introduced in 2009—were unconstitutional. The Mohameds had contended that the legal framework authorising their extradition was flawed and unlawful.

Despite the setback, the father and son have moved to the Court of Appeal seeking to pause the committal proceedings currently before Principal Magistrate Judy Latchman. They are asking the appellate court to grant a stay until their appeal is heard and determined, or alternatively to treat their application as the substantive appeal.

The latest decision follows an earlier February 4 ruling in which Justice Singh rejected a separate challenge alleging political bias by the Minister of Home Affairs and the Government of Guyana. In that judgment, the court held that the minister’s role under the Act is executive in nature and that claims of political rivalry could not invalidate the statutory authority to proceed with extradition.

The State’s case has been led by Attorney General and Minister of Legal Affairs Anil Nandlall, SC, along with Senior Counsel Douglas Mendes. Government attorneys argued that the extradition regime is constitutionally sound and that the minister’s involvement is administrative rather than judicial. They also warned that recognising political bias as a defence could create a precedent enabling individuals facing extradition to enter politics to avoid legal consequences.

The extradition request arises from a federal indictment issued by a grand jury in Miami. United States authorities allege that the Mohameds orchestrated a years-long scheme to evade taxes and royalties on gold exports from Guyana, resulting in an estimated US$50 million in losses to the State. The indictment also includes charges of money laundering, wire fraud, and a separate tax evasion allegation linked to the importation of a luxury vehicle.

Extradition proceedings at the Georgetown Magistrates’ Court are set to continue, pending any ruling from the Court of Appeal on the application for a stay.

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