Lawyers for Antiguan CIP Citizen, Mehul Choksi are challenging a section of Antigua & Barbuda’s Extradition Act 1993.
Dr. David Dorsett said a motion was filed in the court last Friday.
He said having reviewed the act, the legal team believes section 9 (4) “gives the Minister of Foreign Affairs virtually unlimited discretion to issue an authority to proceed”.
“He has absolutely no obligation to be informed by our side as to what the true situation is”, the lawyer argued.
Dr. Dorsett contended this presents an opportunity for the Minister to act in an arbitrary manner, which he said would impede on his client’s constitutional rights.
“Not saying that he will but there is that very real prospect and it is something that we want to avoid as much as possible”, he said.
The matter is scheduled for hearing on November 14.