The Caribbean Court of Justice (CCJ) is expected to deliver its ruling on July 29 in the appeal filed by businessmen Azruddin Mohamed and his father, Nazar Mohamed, challenging the handling of the extradition process initiated against them by the Guyanese authorities.
The matter was heard virtually on April 21 before a full bench comprising CCJ President Justice Winston Anderson and Justices Maureen Rajnauth-Lee, Chile Eboe-Osuji, Chantal Ononaiwu, Denys Barrow, Peter Jamadar and Arif Bulkan.
The appeal challenges the legality of the extradition proceedings, with the Mohameds arguing that Minister of Home Affairs Oneidge Walrond’s issuance of the Authority to Proceed (ATP) was tainted by bias, rendering the process unlawful from the outset. Their judicial review application was previously dismissed by both the High Court and the Court of Appeal.
During the five-hour hearing, Trinidadian Senior Counsel Fyard Hosein, who led the arguments for the appellants, submitted that the principles of procedural fairness should apply from the earliest stage of the extradition process. He argued that the alleged bias at the ministerial level compromised the integrity of the proceedings and should be capable of immediate judicial review.
The panel of judges questioned whether those concerns could instead be addressed during the committal proceedings before the Magistrate’s Court or through a habeas corpus application. Hosein acknowledged that no specific unlawful act had been identified beyond the allegation of bias.
Senior Counsel Roysdale Forde, also appearing for the appellants, argued that even if bias were established, the law allows for the minister’s functions to be delegated to another impartial authority rather than terminating the extradition proceedings altogether.
Appearing on behalf of Walrond, Senior Counsel Douglas Mendes contended that the Mohameds had effectively waived any objection by engaging with the minister’s office before the Authority to Proceed was issued. He maintained that the minister’s role at that stage is administrative and limited to determining whether any legal bar to extradition exists.
Attorney General Anil Nandlall SC, representing the State, submitted that extradition is a sui generis process governed by international obligations and that the minister’s role is executive rather than judicial, meaning the full principles of natural justice do not apply at that stage. He also denied making public statements that could prejudice the proceedings, saying his remarks had been taken out of context.
At the conclusion of arguments, the CCJ reserved its decision and indicated it would move expeditiously to deliver its ruling. The Court also reminded attorneys on both sides to refrain from making public comments that could undermine fairness or public confidence in the administration of justice, while noting it does not regulate commentary outside the courtroom.
The CCJ had previously granted a stay of the extradition proceedings before the Georgetown Magistrate’s Court. That stay remains in effect pending the Court’s ruling, which is now scheduled for July 29.
The Mohameds are facing extradition to the US to answer a series of charges relating to the underinvoicing of gold exports and other matters. They were indicted by a Grand Jury in Florida and have been challenging the process in court. In the interim, Azruddin Mohamed is now the Opposition Leader as his party, We Invest in Nationhood won 25% of the vote at last year’s general elections.
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