By Javone Vickerie | HGP Nightly News|
GEORGETOWN, GUYANA — Attorney General and Minister of Legal Affairs Anil Nandlall, SC, has acknowledged that judges sitting on the Caribbean Court of Justice (CCJ) found “apparent bias” regarding his public comments, but emphasized that the regional court ultimately ruled that his conduct did not invalidate the Authority to Proceed in the ongoing extradition proceedings against Opposition Leader Azruddin Mohamed and his father, prominent businessman Nazar “Shell” Mohamed.
Speaking on his weekly televised program, Issues in the News, Nandlall drawn a sharp legal distinction between an advisory official exhibiting apparent bias and whether that bias legally taints the executive decision rendered by the Minister of Home Affairs.
CCJ Affirms Legality of Extradition Authority to Proceed
The Mohameds had appealed to the Trinidad-based CCJ arguing that the Authority to Proceed issued under the Fugitive Offenders Act was unlawful. Their legal team contended that the entire extradition process was contaminated by pervasive political bias involving President Dr. Irfaan Ali, Vice President Dr. Bharrat Jagdeo, Attorney General Anil Nandlall, and Minister of Home Affairs Robeson Benn.
While the CCJ panel expressed strong disapproval of public statements made by government officials and agreed that the legal test for apparent bias was met specifically regarding the Attorney General, four of the seven judges ruled that Nandlall’s advisory role did not legally corrupt the independent decision of the Minister of Home Affairs:
- Advisory vs. Executive Function: Nandlall maintained that his role was strictly limited to providing legal advice and did not dictate or contaminate the Home Affairs Minister’s formal executive order.
- Consensus Across Court Levels: The AG noted that the CCJ’s final determination upheld previous rulings rendered by both the High Court of Guyana and the Guyana Court of Appeal.
[ CCJ EXTRADITION RULING BREAKDOWN ]
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[ Finding on Apparent Bias ] [ Legal Effect on Extradition ]
- 4 of 7 judges found AG's public statements met bias test - Authority to Proceed remains valid & lawful
- Panel criticized public commentary by senior officials - AG's advisory role held insufficient to taint Home Affairs Minister
- Defense argument of total government taint rejected - Extradition proceedings against Azruddin & Nazar Mohamed proceed
“Principles Governing Bias Were Always Clear”
Nandlall rejected assertions from defense attorneys that the CCJ judgment had reshaped or clarified previously ambiguous extradictable law, asserting that established common law principles governing bias were correctly applied throughout:
“Four out of the seven judges found apparent bias on my part, but they agreed that my role was limited to giving legal advice to the minister,” Attorney General Anil Nandlall explained during his broadcast. “That advisory role was not sufficient to contaminate or invalidate the decision made by the Minister of Home Affairs. We were not unclear on the law, and the courts were not unclear.”
With the CCJ’s decision upholding the Authority to Proceed, the extradition proceedings against Azruddin Mohamed and Nazar Mohamed will continue before the Chief Magistrate’s Court in Georgetown.
