No room for delay tactics – AG Nandlall on magistrate’s ruling on extradition proceedings
Attorney General and Minister of Legal Affairs Mohabir Anil Nandlall, SC, has reaffirmed that the Government of Guyana remains firmly guided by clear legal precedent and its international obligations, following Wednesday’s ruling by Principal Magistrate Judy Latchman in the ongoing extradition proceedings involving the Mohameds.
Speaking with the News Room after the decision, the attorney general said no “serious lawyer” should be surprised by the magistrate’s refusal to revisit arguments already settled by higher courts.
“All of the issues raised before the magistrate have been canvassed and conclusively determined, many times, by the High Court, the Court of Appeal, and other superior tribunals,” he explained.
According to Minister Nandlall, the doctrine of precedent (a core principle in common law systems where courts must follow legal principles from past decisions) leaves no ambiguity: lower courts are bound to follow settled law.
“The law in this area is quite settled now and straightforward,” he said, adding that Magistrate Latchman’s decision aligned fully with the existing jurisprudence.
The defence has signalled its intention to approach the High Court. While this is their right, the attorney general said such actions reflect an “expressed plan” to prolong the proceedings for years.
“What will be taken to the High Court are the same issues already settled against them. One cannot stop persons from approaching the court, but that does not translate into a stay of the proceedings,” he stated.
Only a specific High Court order could pause the ongoing extradition hearing, and none exists.
He further criticised the sudden introduction of a new claim, that the authority to proceed issued by the Minister of Home Affairs is defective, calling it “a fabrication” designed to stall the process.
“That form is a standard template directly from the Fugitive Offenders Act. There is no requirement to include what they are alleging. Anyone can check the act to confirm that.”
The formal extradition hearing will begin on January 6 and continue on January 8, 2026. These dates will allow for the tendering of documents received from the United States government, including the diplomatic note that the defence insisted upon.
Minister Nandlall noted that Guyana did not need to provide this additional assurance, as both domestic law and the existing treaty already contain all necessary safeguards. Nevertheless, he said the government complied in good faith.
“Now that they have received what they requested, instead of embracing it, they seek to undermine it,” he said.
The AG further explained that diplomatic notes are a well-established and globally accepted mechanism for formal arrangements between countries, particularly during extradition matters where urgent procedural clarity is needed.
With the magistrate’s ruling confirming that the constitutional challenges are “frivolous and vexatious”, the AG emphasised that the proceedings must now move ahead without disruption.
“What is important is that the magistrate proceeds, as she has said she will, to hear the extradition request in accordance with the law.”
The Government of Guyana, the senior council said, remains committed to upholding the rule of law, honouring international commitments, and ensuring that attempts to delay justice do not succeed.