Mohameds in another attempt to stall extradition by moving to CCJ
Nazar and Azruddin Mohamed pictured with their attorneys, Siand Dhurjon and Damien DaSilva at the Georgetown Magistrates’ Courts (Delano Williams photo)
Nazar and Azruddin Mohamed pictured with their attorneys, Siand Dhurjon and Damien DaSilva at the Georgetown Magistrates’ Courts (Delano Williams photo)

US-sanctioned businessmen Nazar Mohamed and Azruddin Mohamed have moved to the Caribbean Court of Justice (CCJ), filing an urgent application seeking special leave to appeal and a stay of ongoing extradition proceedings.

Court documents seen by this publication on Monday show that the application, filed under CCJ Application No. GY/A/CV2026/001, asks the regional court to overturn the March 17 decision of the Guyana Court of Appeal, which dismissed their challenge to the Authority to Proceed (ATP) in the United States extradition case.

In the filing, the Mohameds are requesting several orders, including that special leave be granted to appeal the decision of the Court of Appeal, that the appellate ruling be reversed or set aside and critically, that the extradition proceedings before the Magistrates’ Court be stayed pending the determination of the CCJ matter.

The father and son duo are also seeking an expedited hearing, asking the court to treat the special leave application as the substantive appeal, should the court deem it appropriate.

The CCJ has already moved to advance the matter, issuing a Notice of Case Management Conference (CMC) scheduled for Wednesday, March 25, 2026, at 10:00 hrs via video conference.

According to the notice, attorneys involved in the matter are expected to be prepared to assist the court in setting directions for how the case will proceed.
In their application, the Mohameds argue that the Court of Appeal erred in law when it found that the Minister of Home Affairs was exercising an administrative function, rather than a quasi-judicial one, in issuing the ATP that triggered the extradition proceedings.

This issue formed the core of their earlier legal challenge, where they contended that the minister’s decision was tainted by bias and should be quashed.
However, both the High Court and the Court of Appeal (COA) rejected that argument, with the appellate court ruling that there was “absolutely no merit” in the claims and affirming that the minister acted within the scope of her statutory authority.

While delivering the COA’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 had also declined to grant a stay of the ongoing extradition proceedings, noting that any such application would be more appropriately made to the CCJ.

Meanwhile, extradition proceedings continue before Principal Magistrate Latchman at the Georgetown Magistrates’ Court on Tuesday, March 24.
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.

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