Mohameds challenge amendments to Fugitive Offenders Act, cite constitutional violations

Businessman Nazar Mohamed and his son, Azruddin Mohamed, have mounted a legal challenge to recent amendments to Guyana’s Fugitive Offenders Act, arguing that the revised legislation infringes on constitutional protections and denies them a fair judicial process.
The matter stems from ongoing extradition proceedings initiated against the duo, who maintain that the updated law strips them of key legal safeguards guaranteed under the Constitution of the Co-operative Republic of Guyana.
The Fugitive Offenders Act governs the procedures under which individuals may be extradited to foreign jurisdictions to face criminal charges.
Appearing before Principal Magistrate Judy Latchman, Senior Counsel Roysdale Forde contended that the amendments effectively bar the Mohameds from questioning the constitutionality of the extradition process before any court. He argued that this restriction violates their fundamental right to personal liberty and undermines access to due process.
Forde told the court that the revised provisions amount to a prohibition on constitutional review—an essential protection in matters involving potential deprivation of liberty. According to him, this limitation impedes the Mohameds’ ability to mount a proper defence and shields the extradition proceedings from necessary judicial scrutiny.
The defence has asked that the constitutional questions be referred to the High Court, which holds exclusive jurisdiction to determine such matters. The application is now before Magistrate Latchman, who has indicated that the prosecution’s submissions will follow once the defence concludes its arguments.
A ruling on whether the constitutional issues will be sent to the High Court is expected on Wednesday.