Interim stay of Mohameds’ extradition proceedings remains in effect as CCJ to deliver ruling soon

The Caribbean Court of Justice has maintained a pause on extradition proceedings against businessmen Guyanese Azruddin and Nazar Mohamed, even as it reserved judgment after hearing extensive arguments on Tuesday.

The CCJ confirmed that the interim stay already in place will remain until a final ruling is delivered, effectively continuing to halt the matter before the Georgetown Magistrates’ Courts.

During the hearing, the seven-member panel, led by President Winston Anderson, repeatedly pressed attorneys for the appellants over their claim that the process was tainted by bias at its earliest stage.

Representing the Mohameds, Trinidadian Senior Counsel Fyard Hosein argued that the issuance of the Authority to Proceed (ATP) by the Minister of Home Affairs must meet standards of procedural fairness, contending that any bias at that point undermines the legitimacy of the entire extradition process.

But members of the bench questioned whether such concerns could instead be addressed later, including during committal proceedings or through habeas corpus applications, rather than at the preliminary stage.

Under further questioning, Hosein conceded that no specific unlawful act had been identified beyond the allegation of bias.

Senior Counsel Roysdale Forde, also appearing for the appellants, submitted that even if bias were established, the law allows for the delegation of ministerial authority. He suggested that the matter could be reassigned to another decision-maker instead of bringing the proceedings to an end.

In response, Trinidadian Senior Counsel Douglas Mendes, appearing for Minister of Home Affairs Oneidge Walrond, argued that the applicants had effectively accepted the minister’s role by engaging her office prior to the issuance of the ATP.

He maintained that the minister’s function at this stage is administrative, limited to determining whether any obvious legal barrier exists, and does not involve adjudicating the merits of the case.

Attorney General Anil Nandlall, SC, supported that position, describing extradition as a “sui generis” process governed by international obligations and distinct from ordinary domestic proceedings.

He also rejected suggestions that his public comments on the matter were inappropriate, telling the Court that his statements had been taken out of context.

The appeal follows unsuccessful challenges mounted by the Mohameds in Guyana’s High Court and Court of Appeal, where their judicial review application was dismissed.

With the stay still in effect, the extradition case remains stalled pending the CCJ’s decision, which will determine whether the proceedings can lawfully continue.