US extradition request – US-sanctioned & indicted Mohameds fail to halt proceedings at Magistrate’s Court

…CoA defers final ruling pending Constitutional appeal

After failing to secure a full stay of their extradition proceedings, United States (US)-sanctioned Opposition leader Azruddin Mohamed and his father, Nazar Mohamed, who is also sanctioned and indicted, will see the case against them continue before the Georgetown Magistrate’s Courts on September 3, 2026.
The Court of Appeal, however, has stopped short of allowing the proceedings to reach a final determination, directing that Chief Magistrate Judy Latchman must await the outcome of their constitutional appeal before delivering a final decision.
The unanimous ruling was delivered on Thursday by Acting Chancellor of the Judiciary Justice Roxane George, SC, and Justices of Appeal Rishi Persaud and Nareshwar Harnanan.
The Mohameds had returned to the appellate court seeking a stay while challenging 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 found Section 8(3)(B) of the Act inconsistent with the Constitution of Guyana while upholding the constitutionality of the other provisions challenged by the Mohameds.

The Court of Appeal said it considered the arguability of the constitutional appeal, the risks of injustice, the balance of convenience, possible prejudice and the public interest in ensuring that extradition proceedings are conducted in an orderly and expeditious manner.
Having weighed those considerations, the court concluded that the proceedings should not be stopped entirely.
It held, “The Court is not satisfied that those proceedings should be halted entirely.”
Instead, it ordered that the Magistrate’s Court proceedings continue while staying the final disposition of the case by the presiding Magistrate until the appeal is heard and determined.
“The extradition proceedings in the Magistrate’s Court involving the Appellants [the Mohameds] are to proceed; howsoever, that the final disposition of the said proceedings by the presiding Magistrate is stayed until the hearing and determination of this Appeal,” the appellate court ruled.
This means Chief Magistrate Latchman can continue hearing evidence and dealing with the extradition matter but cannot bring it to a final conclusion before the constitutional appeal is resolved.
The Mohameds were represented by Senior Counsel Roysdale Forde and attorneys Siand Dhurjon and Damien DaSilva. Attorney General (AG) Anil Nandlall, SC, appeared in person, assisted by Solicitor General Nigel Hawke, Deputy Solicitor General Shoshanna Lall, and attorneys Joshua Cullen and Dishon Persaud.
Senior Counsel Roysdale Forde had argued for interim protection, maintaining that his clients’ appeal should be preserved before the extradition proceedings advance to a point that could affect their liberty.
Forde is challenging aspects of Sections 8(3)(A) and 8(3)(B) of the act, arguing that they give the executive an inappropriate role in an otherwise judicial process.
He maintained that the provisions allow the Minister of Home Affairs to order the extradition of an individual without the matter first being fully dealt with by the Magistrate’s Court.
He argued that this conflicts with Article 122(A) of the Constitution of Guyana and the principle of separation of powers.
The defence also expressed concern that the Magistrate’s Court could rely on what Forde described as erroneous findings in the Chief Justice’s ruling while the appeal remains pending.
Continue without interruption
The state opposed the application, with Attorney General (AG) and Legal Affairs Minister Anil Nandlall, SC, the lone respondent, arguing that the extradition proceedings should continue without interruption.
The state argued that allowing the Magistrate’s Court to continue would not undermine their constitutional appeal or result in their immediate surrender to the US.
The state maintained that another stay would cause further delays to an already interrupted proceeding, while the Mohameds would retain access to legal safeguards and remedies, including bail and appellate review.
However, it supported an expedited hearing of their constitutional appeal.
The Caribbean Court of Justice (CCJ) had previously granted an interim stay on March 25, 2026, bringing the extradition proceedings before the Chief Magistrate to a temporary halt while it considered the Mohameds’ appeal.
The stay remained in force for about four months before being discharged on July 29, when the regional court dismissed their appeal.
The Court of Appeal has now gone further by directing that the constitutional appeal be case-managed and heard on an expedited basis.
The case management directions require the appellants to file their Record of Appeal by September 4, followed by their written submissions on September 9.
The AG is required to file submissions by September 23, with the Mohameds permitted to respond by September 30. The appeal has been fixed for hearing on October 13, 2026, at 09:30h.
The latest development follows a series of legal challenges by the Mohameds in connection with their extradition.
The US is seeking the extradition of the father and son following their indictment in connection with an alleged US$50 million gold export and tax-evasion scheme.
They face allegations including wire and mail fraud, money laundering, conspiracy and customs violations.
US prosecutors allege that the scheme involved more than 10,000 kilograms of gold, with taxes and royalties allegedly avoided through falsified customs declarations and reused export seals.
The Mohameds have maintained their innocence and have challenged the legal and constitutional basis of the extradition process.
They were each granted $150,000 bail, with conditions requiring them to surrender their passports and report to the Ruimveldt Police Station while the extradition proceedings continue. The extradition hearing, which commenced in January, is slated to resume before Chief Magistrate Judy Latchman next Thursday.