{"id":32440,"date":"2026-10-13T18:54:23","date_gmt":"2026-10-13T22:54:23","guid":{"rendered":"https:\/\/ncnguyana.com\/2023\/?p=32440"},"modified":"2026-10-13T18:54:23","modified_gmt":"2026-10-13T22:54:23","slug":"court-of-appeal-reserves-ruling","status":"publish","type":"post","link":"https:\/\/ncnguyana.com\/2023\/court-of-appeal-reserves-ruling\/","title":{"rendered":"Court of\u00a0Appeal reserves ruling"},"content":{"rendered":"
<\/div>\n\n

–<\/strong>AG <\/strong>d<\/strong>efends US <\/strong>a<\/strong>ssurances in Mohameds\u2019 Extradition Case<\/strong><\/p>\n\n\n\n

-by Kimberly Giddings <\/p>\n\n\n\n

The Court of Appeal has reserved its ruling on a constitutional challenge brought by Opposition Leader Azruddin Mohamed and his father, Nazar Mohamed, in connection with their extradition proceedings.<\/p>\n\n\n\n

Acting Chancellor of the Judiciary, Justice Roxane George-Wiltshire, SC, said the court must review more than 2,000 pages of legal submissions and authorities before delivering its decision.<\/p>\n\n\n\n

During today\u2019s hearing, Attorney General Anil Nandlall defended the legality of assurances provided by the United States in the extradition proceedings, arguing that the existing treaty already protects against onward extradition.<\/p>\n\n\n\n

Nandlall maintained that Article Seven of the 1931 extradition treaty provides safeguards against transferring the Mohameds\u2019 to a third country without Guyana\u2019s consent.<\/p>\n\n\n\n

\u201cIn addition to satisfying the fears expressed by the Mohamed\u2019s,\u00a0the government of Guyana did something more. We got the US to confirm in writing in the form of a diplomatic\u00a0force,\u00a0that\u00a0they will not extradite the\u00a02\u00a0Mohamed\u2019s,\u00a0should they be extradited,\u00a0they will not re-extradite\u00a0them to a\u00a0third state. So the fear that the Mohamed\u2019s have expressed do not exist. It is not real<\/strong>,\u201d he said.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

Nandlall also argued that the constitutional provisions cited by defence attorney, Roysdale Forde,recognize extradition as an exception to certain fundamental rights, challenging the basis of the Mohamed\u2019s\u2019 constitutional challenge.<\/p>\n\n\n\n

He said even the court didn\u2019t understand Forde\u2019s argument.<\/p>\n\n\n\n

\u201cIn this court, he has a completely different position. And even in the position before this court, it’s unclear. You see, if you are challenging a legislation, what can only challenge a legislation on the ground that it is unconstitutional. One\u00a0that means is that it is inconsistent with a provision of the constitution or the impact of the legislation can have an unconstitutional effect on the rights of the citizens<\/strong>,\u201d the AG explained.
<\/p>\n\n\n\n

The appeal stems from a February 2026 High Court ruling by Acting Chief Justice,\u00a0Navindra Singh, who struck down a provision of the\u00a0Fugitive Offenders Act but found that protection against onward extradition was implicit in the treaty.\u00a0The constitutional challenge is separate from the ongoing extradition proceedings before the Georgetown Magistrates\u2019 Court, where a final determination remains on hold pending the appeal’s resolution.<\/p>\n\n\n

\"\"<\/figure>","protected":false},"excerpt":{"rendered":"

–AG defends US assurances in Mohameds\u2019 Extradition Case -by Kimberly Giddings The Court of Appeal has reserved its ruling on a constitutional challenge brought by Opposition Leader Azruddin Mohamed and his father,…<\/p>\n","protected":false},"author":1,"featured_media":32442,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[469,350],"tags":[488,1311,775,448,412,405],"class_list":["post-32440","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-affairs","category-news","tag-488","tag-attorney-general","tag-ministry-of-legal-affairs","tag-ncn","tag-ncn-guyana","tag-ncn-news"],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/posts\/32440","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/comments?post=32440"}],"version-history":[{"count":2,"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/posts\/32440\/revisions"}],"predecessor-version":[{"id":32443,"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/posts\/32440\/revisions\/32443"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/media\/32442"}],"wp:attachment":[{"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/media?parent=32440"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/categories?post=32440"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ncnguyana.com\/2023\/wp-json\/wp\/v2\/tags?post=32440"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}