Days after the Court of Appeal handed down its ruling in the extradition case that was not in their favour, US-indicted, Guyanese businessmen, Nazar and Azruddin Mohamed, have turned to the Caribbean Court of Justice in an effort to halt the ongoing extradition proceedings against them and challenge the findings of the local Courts in recent cases.

They want the Court of Appeal’s recent decisions to be set aside and reversed.

In the application which was filed last Friday, the father and son have requested an urgent stay of the ongoing extradition proceedings before the Magistrates’ Court while challenging the recent decision by the Court of Appeal that the Home Affairs Minister did not show bias and did her job when she caused an Authority to Proceed to be issued against them following the extradition request from the United States last October.

The Mohameds through their Attorneys, are contending that the Court of Appeal erred in law when it found that the Home Affairs Minister was exercising an administrative function in deciding whether or not to issue an Authority to Proceed (‘ATP’) which set the stage for the extradition committal proceedings against them to proceed.

They are also contending that Court of Appeal erred in law in failing to give due consideration to the fact that the ATP decision substantially encroaches upon the fundamental rights of persons as it confers and empowers jurisdiction to the court of committal and triggers the local extradition process, without which no arrest, committal or extradition may occur.

They have listed several other instances in which they believe the Court of Appeal erred in its decision. The CCJ is expected to have a Case Management Conference in the coming days.

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