The Court of Appeal has ruled that extradition proceedings involving Leader of the Opposition Azruddin Mohamed and Businessman Nazar Mohamed can continue before the Magistrate’s Court but has placed a hold on any final decision until an appeal is determined.
The unanimous ruling was delivered on Thursday August 27 by acting Chancellor Roxane George, Justice of Appeal Rishi Persaud and Justice of Appeal Nareshwar Harnanan. The order followed an urgent Notice of Motion filed on 13 March 2026 on behalf of the Mohameds.
The appeal challenges the constitutional validity of provisions of the Fugitive Offenders Act governing the extradition proceedings now before the Magistrate’s Court.
In its ruling, the Court said it considered whether the appeal was arguable, the potential risks of injustice, the balance of convenience, possible prejudice to the parties and the public interest in ensuring extradition proceedings are conducted orderly and without unnecessary delay.
The Court said that it is not satisfied that the proceedings should be halted entirely. However, it ruled that a stay on the final disposition was necessary to protect the effectiveness of the appeal.
“The proceedings in the Magistrate’s Court involving the appellants are to proceed,” the Court ordered. “However, the final disposition of the said proceedings by the presiding Magistrate is stayed until the hearing and determination of this appeal.”
The ruling means the Magistrate’s Court may continue hearing evidence and dealing with procedural matters in the extradition case, but it cannot issue a final ruling while the constitutional challenge remains before the Court of Appeal.
The Court directed that the appeal be case managed and heard on an expedited basis.
The Mohameds must file written submissions on or before Wednesday 9 September
They must also file one hard copy of the Record of Appeal and written submissions with the Court of Appeal Registry by Thursday, 1 October 2026.
The appeal is fixed for hearing at 9:30 a.m. on Tuesday, 13 October 2026, in person, at the Court of Appeal’s new-wing courtroom.
