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 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.
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.
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