–$1.5 million each in court costs awarded to ministers

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.”
The ruling, which Acting Chancellor of the Judiciary Roxane George handed down, upheld the decision which was made in the High Court by Acting Chief Justice Navindra Singh in February.
In the summary ruling, it was indicated that there was no evidence of bias in the actions of the Minister of Home Affairs and that the statutory process had been properly followed.
Justice George stated that “on the facts of this case, bias does not arise,” while noting that there was no evidence establishing the same in relation to the minister’s decision to issue the Authority to Proceed (ATP).
She further noted that the legal framework governing extradition had been adhered to, stating, “there is no evidence that the provisions of the Fugitive Offenders Act regarding the issue of the ATP were not followed.”
Addressing the argument that the minister’s decision was influenced by advice from the Attorney General, the court found no basis for concluding that that consultation compromised the integrity of the process.
To this end, Justice George underscored that the Attorney General, as the government’s principal legal adviser, is expected to provide guidance on legal matters.
“Apart from the fact that the AG is the principal legal adviser to the government, it cannot be that advice in terms of applicable case law and on an uncomplicated statutory form can be biased,” she said.
“There is no evidence to support a finding that such advice could be tainted with bias.”
The court also rejected the contention that the minister ought to have delegated the authority to issue the ATP to another official.
The chancellor explained that Section 27 of the Interpretation and General Clauses Act did not apply as suggested and could not be used to justify such a delegation in this context.
She pointed out that the Fugitive Offenders Act itself does not provide for the delegation of those duties to another minister or any other public official.
“It cannot be that the minister or any minister of the government who has responsibility for extradition matters cannot sign an ATP regarding someone who is a political rival,” Justice George stated.
Against this backdrop, the chancellor stated, “The court is of the view that the Chief Justice was correct in dismissing the application.”
In the dismissal, the Court of Appeal awarded costs to the tune of $1.5 million each to the Minister of Home Affairs and the Attorney General.
The appeal was heard last week by Justice George alongside Justices of Appeal Rishi Persaud and Nareshwar Harnanan.
During that hearing, attorneys for the Mohameds argued that the minister’s decision was affected by apparent and presumed bias, citing her political alignment and her decision to seek legal advice prior to issuing the ATP.
At that time, they also sought a stay of the extradition proceedings pending the outcome of the appeal, and this was denied.
However, attorneys representing the respondents maintained that the arguments were without merit, contending that any delegation of the function would be subject to the same criticisms and that the legal threshold for granting a stay had not been met.
Attorney General Anil Nandlall also argued that the challenge lacked merit from the outset.
BACKGROUND
In October last year, a federal grand jury in Miami returned an indictment charging the father and son 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, Nazar Mohamed, and Azruddin Mohamed, were owners of Mohamed’s Enterprise, a gold wholesaler and exporter in Guyana that sold gold to buyers in Miami and Dubai.
From about 2017 through to at least 2024, the pair allegedly enriched themselves and defrauded the Government of Guyana by concealing the true quantity and value of gold exported by their company.
The indictment alleges that Mohamed’s Enterprise paid taxes and royalties on one shipment of gold to obtain official government seals, then reused those same seals on subsequent shipments to avoid paying additional taxes and royalties. Prosecutors further allege 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.
In total, the pair allegedly exported at least 10,000 kilograms of gold through Miami, resulting in an estimated loss of approximately US$50 million to the Government of Guyana.
Nazar Mohamed is charged with conspiracy to commit money laundering, conspiracy to commit mail and wire fraud, and mail fraud.