Chief Justice throws out bias claim in Mohameds’ extradition case

Acting Chief Justice Navendra Singh on Wednesday dismissed a High Court challenge filed by Azruddin Mohamed and his father, which sought to halt extradition proceedings on the grounds of alleged political bias, Attorney General Mohabir Anil Nandlall, SC, MP, confirmed.

The ruling ends one of two legal actions instituted by the Mohameds related to their extradition, which is ongoing in the Georgetown Magistrates’ Court. The dismissed case claimed the process was politically motivated and tainted by bias involving the President, Vice President, Attorney General, Minister of Home Affairs, and the judiciary.

“The Chief Justice ruled that a case for bias has not been made out and cannot be made out,” Nandlall said, noting that bias principles apply only to independent judicial tribunals, not to the executive performing constitutionally assigned duties.
The applicants had argued that because Azruddin Mohamed contested the most recent general elections, the Government was acting with political prejudice, rendering the extradition authority, arrest warrant, and subsequent proceedings before Chief Magistrate Judy Latchman invalid. The Chief Justice rejected these arguments, agreeing with the State that the Minister of Home Affairs was exercising a statutory executive function under the Fugitive Offenders Act, not a judicial one.

The court also found claims of politicisation “manufactured” and unsupported by law, noting that the Mohameds entered politics after the extradition process had begun and after international sanctions had been imposed.
Nandlall warned that accepting the applicants’ reasoning would create a dangerous precedent. “If that were the law, any person facing extradition could simply enter politics to frustrate or defeat the process,” he said.

The State relied on judicial authorities from the Caribbean, the Commonwealth, and England regarding the separation of executive and judicial functions in extradition matters. The Chief Justice awarded costs of $500,000 each to the Attorney General, Minister of Home Affairs, and Chief Magistrate Latchman, totalling $1.5 million.

Nandlall clarified that a second, separate constitutional challenge remains pending, questioning the constitutionality of amendments to the Fugitive Offenders Act in 2009, with a ruling expected on February 16. Extradition proceedings in the Georgetown Magistrates’ Court are scheduled to continue later this week.
“This ruling clears the way for the extradition process to proceed without the cloud of this particular challenge,” the Attorney General said, adding that the State remains prepared to defend the legality of its actions at every level of the judicial process.