This article first appeared in The Edge Financial Daily on December 20, 2019 - December 26, 2019

KUALA LUMPUR: Senior lawyer Datuk DP Naban from Lee Hishammuddin Allen & Gledhill will be appearing for the Inland Revenue Board (IRB) in its RM1.69 billion claim of unpaid taxes against former prime minister Datuk Seri Najib Razak in the High Court.

This follows the withdrawal of Najib’s application to challenge Naban’s appointment by Najib’s lawyer Muhammad Farhan Muhammad Shafee, after Naban’s letter of appointment was produced in court and shown to Najib’s lawyers.

Muhammad Farhan was speaking to reporters after meeting Justice Datuk Ahmad Bache in chambers yesterday, along with senior federal counsels Norhishaam Ahmad and Al-hummidallah Idrus.

It was initially fixed yesterday for disclosing Naban’s letter of appointment, based on the Government Proceedings Act 1956 (GPA), and for the judge to decide on Najib’s bid for Naban’s recusal, Muhammad Farhan said.

“However, following the exchange of affidavits, the IRB decided to give us the letter of appointment voluntarily. We studied the letter of appointment tendered in court and saw everything was in order.

“Following that, we decided to withdraw the application to recuse Naban,” Muhammad Farhan added. Lawyer Wee Yeong Kang also appeared for Najib.

Naban’s appointment was made under Section 24(3) of the GPA stipulating an advocate and solicitor of the High Court retained by the attorney-general in civil proceedings — by or against the federal government or a federal officer, or by the legal adviser, or, in the case of Sabah and Sarawak, by the state attorney-general — may appear as advocate on behalf of such government or officer in such proceedings.

In November, it was reported that Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah questioned Naban’s appointment, and wanted the senior lawyer to show his letter of appointment. Following yesterday’s development, Justice Ahmad fixed Jan 7 for the court to set the dates to hear Najib’s application for a stay of proceedings, together with the IRB’s application to obtain a summary judgement.

On June 25, the government, through the IRB, filed the suit against Najib seeking RM1.69 billion in unpaid taxes, at a 5% interest per year from the date of judgement, with costs and reliefs deemed fit by the court.