CRIME AND POLITICS

Earlier than expected, the request for the extradition of Azruddin Mohamed and his father, Nazar Mohamed, came through from the US and was immediately acted upon by the Government. This has happened days before the opening of Parliament shortly after which  Mr. Azruddin Mohamed is expected to be elected Leader of the Opposition. Any expectation of a delay in Azruddin Mohamed’s election as Leader of the Opposition shortly after the opening of Parliament on Monday when the Clerk convenes a meeting for the purpose, was shattered when the Magistrate rejected an application to refuse bail which was granted in nominal sums. Azruddin Mohamed complained bitterly about the manner of his arrest by many armed policemen as if he was a “criminal.” He proclaimed his innocence. His lawyers indicated that the charges against the Mohameds proffered by the US are not extraditable offences and the request for extradition would be strenuously contested.

It is difficult to estimate the time it would take for the matters to meander their way through three courts – the Magistrates court, the Court of Appeal and the CCJ.  Although there has been vast improvement in the High Court in recent years, the Magistrates’ Courts and the Court of Appeal are still notoriously slow. A matter, even if given priority, can take as much as two years to be concluded by a Magistrate. Court of Appeal matters now take five to seven years to be heard, although more judges have been appointed recently and hearing times might be shortened. It is not known if the proceedings against the Mohameds would be given priority, but I am not aware of any reason why they should attract any particular urgency over and above the many persons who are in prison awaiting hearing dates for their appeals. If speedy hearings are sought over and above pending matters, reasons that satisfy the courts must be given. I am not sure that the reason that the US judicial system is anxiously awaiting the Mohameds would be compelling enough. The election fraud cases have been going on since 2020 in the Magistrates’ Courts and they are far from over. It appears therefore that Azruddin Mohamed would be sworn in as a Member of Parliament and shortly thereafter would be elected as Leader of the Opposition. The President would have to formally make the appointment and sign the instrument. It is anyone’s guess as to whether the instrument would be delivered with the President’s congratulations.

The Leader of the Opposition is entitled to certain established benefits and courtesies. He is entitled to an office, staff, vehicle, driver, security and pensionable salary equivalent to that of a Minister of Government. He has a legal right to be consulted on a number of constitutional appointments, including chancellor, chief justice, chair of the elections commission, members of the service commissions and others. The consultations must be “meaningful,” suggesting that there should be discussions at which the Leader of the Opposition would be entitled to make suggestions. The Leader of the Opposition might want to meet with the President to discuss these matters as he is entitled to. It would be a violation of the constitution if the President were to decline meaningful consultation. Despite a heavy dose of overt hostility between some leaders of the PPP and the Mohameds, one or more meetings might well be looked upon by the Mohameds and their supporters as sanguine experiences.   

It is not yet known whether the Leader of the Opposition would be able to exploit the political opportunities available in Parliament through creative questions and motions and competent presentations. The best presentations are done when they are prepared and researched. The loud rough and tumble in Parliament tends to subside whenever a quality presentation is being made and respect is usually accorded to parliamentarians who are diligent and well prepared. However, whenever the objective is to “oppose and depose” there is usually a vocal response by the other side. Unfortunately, the practice has grown up where the dominant feature of the Parliament’s work is to score political points for short term gain rather than deploying a long-term strategy to gain credibility and support. The elections results show that the APNU+AFC’s strategy in Parliament has not succeeded.

The new Leader of the Opposition would have many important social responsibilities. Already, the President of the Caribbean Court of Justice has paid a courtesy call on him as Leader of the largest opposition parliamentary party. Resident heads of missions would all normally attend the offices of the Leader of the Opposition to make courtesy calls after having attended to opening of Parliament where Mr. Azruddin Mohamed would be sworn in. Normally the US Ambassador would be among those attending the swearing in and paying respects. Numerous visiting officials from a wide variety of offices attend Guyana for official business and would call on Government officials as well as the Leader of the Opposition. Will they? Would the Government attempt to dissuade them, now that Mr. Mohamed is facing extradition? Assuming that Mr. Mohamed is elected as Leader of the Opposition, Guyana is entering new territory