The Court of Appeal has ordered the Georgetown Magistrates’ Court to proceed with the extradition proceedings involving the Leader of the Opposition, Azruddin Mohamed and his father Nazar Mohamed. However, the Court of Appeal has also instructed the Magsitrates’ Court that it should not proceed with the final disposition until the hearing and determination of the appeal challenging the constitutionality of the Fugitive Offenders Act.

“It is hereby ordered that the extradition proceedings in the Magistrate’s Court involving the Appellants are to proceed, howsoever, that the final disposition of the said proceedings by the presiding Magistrate is stayed until the hearing and determination of this Appeal,” the Appellate Court ordered.

The order was issued by acting Chancellor of the Judiciary, Roxane George, Justice Rishi Persaud and Justice Nareshwar Harnanan, who are hearing the appeal.

The order is in response to a motion filed by the Mohameds, who have been indicted by the US and are facing extradition.

Through their Attorney, Senior Counsel Roysdale Forde, the Mohameds filed a motion seeking a number of orders, including a stay of the extradition proceedings in the Georgetown Magistrates’ Court until the hearing and determination of the substantive appeal.

Their appeal challenges aspects of a ruling handed down by Acting Chief Justice Navendra Singh in February, in which, the High Court ruled that while Sections 8 (3) (B) of the Fugitive Offenders Act is inconsistent with the Constitution, the other sections challenged by the Mohameds are in keeping with the Constitution. The ruling ultimately paved the way for the extradition hearing to continue in the Magistrates’ Court before Chief Magistrate, Judy Latchman.

In the court on Wednesday, Forde called on the Court to ensure that the appeal and the appellant’s liberty, survive to the date on which it is decided.

In response to the motion, which also called for the urgent hearing of the case, the panel of Justices of Appeal also established clear guidelines for submissions to be made to the Appellate court.

The appellants have been instructed to file the record of appeal, on or before Friday September 4, 2026 with written submissions required no later than Wednesday September 9.

The respondents are also required to file their written submissions on or before Wednesday September 23, 2026 and if necessary the appellants may file their reply by September 30.

Hearings have been set for October 13, 2026 at 9:30hrs.

The Mohameds are arguing that that parts of Section 8 (3) (A) and (B) of the Fugitive Offenders Act are in violation of Article 122 (A) of the Constitution on the grounds that they empower the Minister to order the extradition of a person without due process through the Magistrate’s Court, and therefore impose executive control over a judicial process.

According to the Mohameds, the sections violate the separation of powers doctrine.

Just recently, the Caribbean Court of Justice (CCJ) dismissed an appeal filed by the Mohameds.

In that case the father and son challenged the validity of an Authority to Proceed (ATP) issued under the Fugitive Offenders Act on the basis of bias, but the CCJ dismissed that challenge, paving the way for the case to continue.

The extradition hearing in the Magistrates’ Court is set to recommence next Thursday.

Related posts:

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