Father and son billionaires, Nazar and Azruddin Mohamed, who have been indicted in a US Court and are now fighting an extradition request, have moved to the High Court to challenge the constitutionality of the Fugitive Offenders (Amendment) Act.

The Mohameds have filed a Fixed Date Application (FDA) in the High Court. It was filed on December 15, just days after Principal Magistrate Judy Latchman rejected their Application to have the case referred to the High Court to address a number of Constitutional matters.

Attorney General, Anil Nandlall, has been named as the Respondent in the High Court matter.

Through their attorney, Senior Counsel Roysdale Forde, the Mohameds want the High Court to declare that the provisions of the Fugitive Offenders (Amendment) Act are unconstitutional, unlawful an d void, and that the Court ought not rely on the Amendments, particularly those dealing with the Applicants’ extradition. 

Additionally, the Mohameds are asking the Court to issue an order staying the extradition proceedings before Magistrate Latchman pending the determination of the Constitutional issues that have been raised in the Application.

Magistrate Latchman had refused to refer questions surrounding the constitutionality of the Act to the High Court.

The father and son are facing an 11-count indictment in Florida related to allegations of mail and wire fraud and claims of tax evasion and money laundering related to gold exports.

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