CCJ dismisses Mohameds’ appeal in challenge to extradition proceedings

CCJ dismisses Mohameds’ appeal in challenge to extradition proceedings

The Caribbean Court of Justice this afternoon dismissed an appeal filed by Opposition Leader Azruddin Mohamed and his father Nazar Mohamed in the extradition hearings that they are facing, essentially clearing the way for the hearings to continue before Chief Magistrate Judy Latchman.

The Mohameds had appealed the decision of the local High Court and Court of Appeal which had both dismissed their challenge to the extradition proceedings on the grounds that there was bias in the Home Affairs Minister’s issuance of the Authority to Proceed document after the extradition request by the US Government was made.

The CCJ has lifted the interim stay against the extradition proceedings, but did grant the Mohameds’ application for special leave, which has set the stage for another Court battle in the local courts.

There were three separate judgments of the Court, with the lead judgment issued by the Court’s President Justice Winston Anderson and Justice Denys Barrow.

Separate judgment by Justices Maureen Rajnauth-Lee, Peter Jamadar and Arif Bulkan and a third judgement by Justices Chantal Ononaiwu and Chile Eboe-Osuji were issued.

The Court ruled that there was no general right to be heard prior to the issuance of the Authority to Proceed and no requirement for the Minister to be free from political bias. They said what was required was for the Minister to engage in a process that allows for the consideration of the factors contemplated by the Act governing extradition proceedings.

“Their honours found that the applicants have not challenge the process that led to the issuance of the ATP, saved for the allegations that the Minister was politically bias. There was no allegation that the Minister omitted to consider a relevant factor or that she considered an irrelevant on,” the Court ruled.

The found that even if the Attorney General was bias in the case, that too is of no value.

Meanwhile, Justices Rajnauth-Lee, Peter Jamadar and Arif Bulkan in their opinion highlighted public statements by the Attorney General and the Vice President on the extradition case and said those statements have the potential to undermine the independence of the Judiciary and have deleterious effect on the rule of law and must be denounced.

The Court also reasoned that the applicants mounted a challenge over whether the Minister is bias or not, and could have considered challenging the process instead and whether that process was followed correctly.

Another judgment of the Court found that in the case, there was bias on the part of the AG, but not to the extent, that he could not provide legal advice to the Minister on how to proceed with the ATP.

“Having regards to the opinions expressed, this Court decides that application for special leave to appeal the decision of the Court of the appeal is granted, the substantive appeal is dismissed and the interim stay of the extradition proceedings imposed by this Court is hereby lifted and there shall be no order as to costs before this Court,” Justice Barrow said in his closing statement.

The ruling now paves the way for the extradition proceedings to continue in the local Magistrates’ Court.

In December 2025, the Mohameds initiated judicial review proceedings against the Minister of Home Affairs, the Attorney General and the Magistrate, challenging the validity of the Authority to Proceed and seeking a stay of the extradition process.

Their claim was dismissed by the High Court on 4 February 2026 and by the Court of Appeal on 17 March 2026, with both Courts refusing a stay.

The Mohameds are facing an extradition hearing over allegations of mail and wire fraud and tax evasion. The US, which had already sanctioned the father and son, has an 11-count indictment for the Mohameds to face.

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