The Court of Appeal on Tuesday declined to grant an urgent stay of the ongoing extradition proceedings involving United States-indicted businessman Azruddin Mohamed and his father, Nazar Mohamed, but said it will deliver its ruling in the matter on March 17.
The father-and-son duo had approached the appellate court seeking an order to halt the extradition proceedings pending the determination of their substantive appeal.
After hearing submissions from attorneys representing both the applicants and the State, the appellate court refused the request for a stay, allowing the extradition proceedings before the Georgetown Magistrates’ Court to continue.
However, the court reserved its ruling on the substantive appeal and indicated that a decision will be handed down next week.
The Mohameds are challenging a February 4 decision by acting Chief Justice Navindra Singh, who dismissed their case challenging the Authority to Proceed (ATP) issued by Minister of Home Affairs, Oneidge Walrond on grounds of alleged bias.
In the High Court proceedings, the applicants had argued that the authority issued by the Minister of Home Affairs to proceed with the extradition was tainted by political bias, citing Azruddin Mohamed’s involvement in politics and his role as a political competitor in the September 2025 General and Regional Elections.
They contended that the authority to proceed under the Fugitive Offenders Act, along with the arrest warrant and ongoing proceedings before Principal Magistrate Judy Latchman, should be quashed.
However, the Chief Justice had rejected those arguments, finding that the Minister of Home Affairs acted in an executive capacity as prescribed by law and not in a judicial or quasi-judicial role.
During the High Court hearing, lawyers representing the State, including Attorney-General Anil Nandlall, SC, and Senior Counsel Douglas Mendes, argued that claims of bias could not arise in relation to the minister’s statutory duty to issue an authority to proceed under the Fugitive Offenders Act.
Nandlall had also argued that the extradition process and international sanctions against the younger Mohamed predated his entry into politics.
Accepting political bias as a defence in extradition proceedings, the Attorney-General argued, would allow any individual facing extradition to enter politics and claim to be politically targeted.
The court agreed with those submissions and dismissed the Mohameds’ claim, awarding $500,000 in costs to each respondent, the Attorney-General, the Minister of Home Affairs and Principal Magistrate Latchman.
The Mohameds had also challenged the constitutionality of certain provisions of the Fugitive Offenders Act, including amendments made in 2009. That challenge was also dismissed by the Chief Justice.
Despite the refusal of the stay by the Court of Appeal on Tuesday, the Mohameds’ substantive appeal remains before the court, with a decision expected on March 17.
Meanwhile, extradition proceedings continue before Principal Magistrate Latchman at the Georgetown Magistrates’ Court on Thursday, March 12.
The extradition case stems from a United States federal indictment returned in October last year in Miami, charging Nazar Mohamed, 72, and Azruddin Mohamed, 38, with participating in a multi-year scheme to evade millions of dollars in taxes and royalties owed to the Government of Guyana through fraudulent gold export practices and related money laundering activities.
According to court documents, the pair allegedly used their company, Mohamed’s Enterprise, a gold wholesaler and exporter in Guyana, to conceal the true quantity and value of gold exported to overseas buyers in Miami and Dubai.
Prosecutors allege that between 2017 and 2024, the men avoided paying millions of dollars in taxes and royalties by reusing official government seals obtained from a single declared shipment of gold on multiple subsequent shipments.
The indictment further alleges that empty boxes bearing Guyanese government seals were shipped from Dubai through Miami to Guyana, and that bribes were paid to customs and other officials to facilitate the scheme.
Authorities estimate that the alleged activities resulted in a loss of approximately US$50 million in revenue to the Government of Guyana.
Nazar Mohamed faces charges of conspiracy to commit money laundering, conspiracy to commit mail and wire fraud, and mail fraud.
Azruddin Mohamed is charged with conspiracy to commit money laundering and wire fraud, and is also accused of evading more than US$1 million in Guyanese taxes related to the shipment of a Lamborghini from Miami to Guyana.
The indictment also seeks forfeiture of approximately US$5.3 million in gold bars seized at Miami International Airport in June 2024.
Both men were sanctioned by the United States Office of Foreign Assets Control (OFAC) in June 2024.
