-to rule soon on Mohameds appeal
-by Kimberly Giddings
The Caribbean Court of Justice (CCJ) has reserved its ruling in the extradition case involving US-sanctioned businessmen Nazar and Azruddin Mohamed, with the interim stay on proceedings remaining in place.
The matter, which was heard as both an application for special leave to appeal and the substantive case, challenges earlier rulings by Guyana’s High Court and Court of Appeal that cleared the way for extradition proceedings to move forward.
In brief closing remarks, CCJ President Winston Anderson said the Court requires additional time to carefully examine the complex legal issues raised, including allegations of bias, questions of delegation, and the application of the doctrine of necessity.
He noted that while extradition matters demand urgency, the Court must ensure that all arguments are thoroughly considered. A ruling, he said, will be delivered as soon as reasonably practicable. The interim stay granted earlier will remain in force until that decision is handed down.
Responding, attorney for Minister of Home Affairs Oneidge Walrond, Senior Counsel Douglas Mendes, maintained that the minister acted lawfully and in line with Guyana’s international obligations.
Mendes argued that extradition is an executive function and that the minister was required to act, even in the face of bias allegations, under the doctrine of necessity, provided she maintained an open mind. Supporting that position, Attorney General Anil Nandlall said the ATP must be viewed within its proper constitutional framework, emphasizing that the decision rests with the minister, while his role was limited to offering legal guidance.
Throughout the hearing, Justice Anderson probed whether the issuance of the ATP is a decisive legal act or a preliminary administrative step, and whether that function must remain solely with the minister.
In closing, the CCJ also cautioned against public commentary that could undermine confidence in the judicial process, urging attorneys on both sides to uphold their professional responsibilities as the Court deliberates.
The case stems from an extradition request made by the United States, which led to the issuance of an ATP By the Minister of Home Affairs. That decision was upheld locally before being challenged at the CCJ. A final ruling is expected in due course.