Acting Chief Justice Navindra Singh this morning refused the application for a stay of the extradition proceedings involving Nazar Mohamed and his son, Azruddin Mohamed, making no order as to costs.

The ruling clears the way for the extradition hearing to commence tomorrow before Principal Magistrate Judy Latchman, while Justice Singh will proceed on January 14, 2026, to hear the substantive application raising constitutional issues.

The Mohameds were seeking a stay of the extradition proceedings pending the determination of constitutional challenges they have raised against Guyana’s extradition framework, particularly amendments made to the Fugitive Offenders Act in 2009. Those challenges were previously rejected at the committal stage by Principal Magistrate Judy Latchman, who ruled that the amendments are constitutional and that the issues raised were already settled by binding judicial authority.

Last week whike appearing for the State, Attorney General and Senior Counsel Anil Nandlall argued that extradition law in Guyana is governed by treaty obligations and statute, and is designed to operate as a swift, structured process between states. He maintained that the applicants were attempting to relitigate issues already ventilated and dismissed before the magistrate and described the application for a stay as an abuse of process intended to delay proceedings.

Nandlall relied heavily on local and regional jurisprudence, including Justice Jo-Ann Barlow’s ruling in Marvin Williams (aka Troy Thomas) v Commissioner of Police et al and the Court of Appeal’s decision in King v Director of Prisons et al, arguing that the law provides clear remedies only after the committal stage. He stressed that where a magistrate orders committal, extraditees retain the right to challenge the decision by way of habeas corpus and appeal, during which an automatic stay applies.

Counsel for the Mohameds, Senior Counsel Roysdale Forde, had countered that constitutional challenges need not await the conclusion of committal proceedings. He argued that the 2009 amendments vest excessive power in the Minister of Home Affairs, undermine judicial independence, and improperly restrict the ability of extraditees to challenge illegality, thereby infringing fundamental rights.

In addition to seeking a stay, the Mohameds are challenging the Authority to Proceed issued by Home Affairs Minister Oneidge Walrond, arguing that it is legally null and tainted by both presumed and apparent bias. They are asking the court to quash the Authority and bar further involvement by Ministers Walrond and Nandlall in the extradition process.

Magistrate Latchman has already set January 6 and 7, 2026, for the commencement of evidence in the extradition proceedings. In dismissing the defence’s referral request, she stated that the court would not “resurrect what has been put to rest,” noting that the issues raised were governed by the doctrine of stare decisis.

The Mohameds, owners of Mohamed’s Enterprise, remain on $150,000 bail each, have surrendered their passports, and are required to report weekly to the Ruimveldt Police Station. They were taken into custody on October 31 following a request from the United States.

U.S. prosecutors have charged the father and son in the United States District Court for the Southern District of Florida with 11 counts including wire fraud, mail fraud, money laundering, conspiracy, and customs violations, tied to an alleged US$50 million gold export and tax evasion scheme. The Office of Foreign Assets Control sanctioned both men in June 2024 for alleged gold smuggling and public corruption.

Azruddin Mohamed is the leader of We Invest in Nationhood (WIN), which finished runner-up in the 2025 general and regional elections.