-U.S. extradition proceedings set to continue
-by Nakasia Logan
The Caribbean Court of Justice (CCJ) has dismissed an appeal brought by Opposition Leader Azruddin Mohamed and his father, Nazar Mohamed, removing the legal stay that had halted extradition proceedings initiated by the United States.
In its decision today, the Court upheld earlier rulings by Guyana’s High Court and Court of Appeal, finding that the Minister of Home Affairs acted within the authority granted by the Fugitive Offenders Act when she issued an Authority to proceed after receiving the U.S. extradition request.
In delivering the judgement, on behalf of President Justice Winston Anderson, Justice Denys Barrow said the Minister’s role at that stage was limited to activating the extradition process. He explained that the Authority to Proceed neither determines criminal liability nor decides whether extradition should ultimately be granted, as those issues fall to the magistrate during the committal hearing.
“Having regards to the opinion expressed this court decides the application for special leave from the decision from the court of appeal is granted. 2 the substantive appeal is dismissed, 3. The interim stay of the extradition proceedings three imposed by this court on 25th March 2026 is hereby lifted, 4 there shall be thereby no order of cost before this court,”Justice Barrow said.
In a separate opinion, Justices Chibundu Oji, Jacob Wit and Chile Eboe-Osuji found that Mohamed’s allegations of bias were also weakened by his own conduct.
“On the facts and circumstances of the present case the case the second appellant does not have clean hands he provoked verbal attacks against him by his own earlier attacks against Government officials of his own willing participation in a general brawl of political Cullum,” he said.
With the appeal dismissed, the interim stay imposed by the CCJ in March has been discharged, allowing the proceedings before the Georgetown Magistrates’ Court to continue.
The United States is seeking the extradition of the Mohameds to answer an 11-count indictment alleging conspiracy, mail fraud, wire fraud and money laundering.
The appellants contended that the Minister’s decision was affected by apparent bias because of public remarks made by Attorney General Anil Nandlall and Home Affairs Minister Oneidge Walrond.
They argued that those statements could lead a reasonable observer to believe the outcome of the decision had already been predetermined.
The CCJ, however, concluded that no apparent bias had been established against the Minister and that the Authority to Proceed was lawfully issued. The Court also reaffirmed that the Minister was not required to assess the strength of the evidence or the merits of the U.S. case before authorising the commencement of extradition proceedings.
During the hearing, attorneys representing the State argued that the extradition request arose from a U.S. investigation into alleged offences committed between 2017 and June 2024, before Azruddin Mohamed entered politics. They maintained that the investigation, along with sanctions imposed by U.S. authorities, predated his political involvement and therefore could not reasonably support claims of political persecution.