The Guyana Court of Appeal on Tuesday delivered another blow to the legal challenge mounted by businessmen Azruddin Mohamed and Nazar Mohamed, ruling that their appeal against extradition proceedings to the United States had “absolutely no merit.”

In a unanimous decision handed down by Acting Chancellor of the Judiciary Roxane George, the appellate court upheld the February 4 ruling of Acting Chief Justice Navindra Singh, who had earlier dismissed the duo’s attempt to quash the Authority to Proceed (ATP) issued by Minister of Home Affairs Oneidge Walrond.

The court also ordered the Mohameds to pay $1.1 million each in costs to the Minister of Home Affairs and the Attorney General. No costs were awarded to Principal Magistrate Judy Latchman, who was named in the proceedings but did not actively participate in the appeal.

The ruling effectively clears a major legal hurdle, allowing extradition proceedings to continue before Magistrate Latchman at the Georgetown Magistrates’ Courts.

NO BIAS, NO BREACH

Delivering the court’s reasoning, Justice George underscored that the minister’s role in issuing an ATP under the Fugitive Offenders Act is administrative and executive not judicial thereby nullifying claims of bias raised by the appellants.

“On the facts of this case, bias does not arise,” she stated.

The court found no evidence that the statutory procedures governing the issuance of the ATP were breached, nor that the minister failed to consider the legally required factors before granting approval for the extradition process to proceed.

Justice George affirmed that “there is no evidence” that the provisions of the Fugitive Offenders Act regarding the issue of the ATP were not followed.

The court also dismissed arguments that legal advice provided by Attorney General Anil Nandlall could constitute bias, stressing that such counsel falls squarely within his constitutional role as the government’s principal legal adviser.

“It cannot be that advice in terms of applicable case law… can be biased,” George said, adding that there was no evidence to support such a claim.

Further, the court rejected the contention that Minister Walrond should have delegated her authority to issue the ATP, clarifying that the relevant legislation does not provide for such delegation.

The Mohameds had argued that the ATP was tainted by political bias, citing Azruddin Mohamed’s political involvement and candidacy in the September 2025 General and Regional Elections.

However, both the High Court and now the Court of Appeal found no legal basis for that argument.

In its final determination, the appellate court concluded that the appellants failed to establish any bias or impropriety that would invalidate the minister’s decision.

“The court is of the view that the Chief Justice was correct in dismissing the application,” George said.

The court also declined to grant a stay of the ongoing extradition proceedings, noting that any such application would be more appropriately made to the Caribbean Court of Justice (CCJ) should the Mohameds choose to pursue a further appeal.

Meanwhile, extradition proceedings continue before Principal Magistrate Latchman at the Georgetown Magistrates’ Court on Wednesday, March 18.

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.