This article first appeared in The Edge Malaysia Weekly on December 16, 2019 - December 22, 2019

WHILE former prime minister Datuk Seri Najib Razak was busy testifying last week, his lawyers filed a commercial suit in the Kuala Lumpur High Court, naming AmBank Islamic Bank Bhd, AMMB Holdings Bhd and its former relationship manager Joanna Yu Ging Ping as defendants. Yu’s last-held position was executive vice-president of wholesale banking coverage.

Najib said the bank had breached its duty as stated in their contract and had negligently shared information on his accounts with persons not authorised to manage those accounts.

The four accounts were 211-202-200969-4, 2110202-201188-0, 211-202-201189-8 and 211-202-201190-6.

In the statement of claim, Najib complained that the bank’s breaches had caused him distress. He claimed that the breaches included manipulation of his accounts by third parties, resulting in widely publicised scandalous criminality ascribed to him.

He further said following the 14th general election, he had been subjected to criminal proceedings that had deprived him of his personal liberty and lawful position in the Malaysian political setting.

The Pekan MP further complained that had the acts and omissions attributed to the defendants not taken place, there would not be a manipulation of the bank accounts by third parties and that if he had been duly informed, he would have taken preventive steps.

Najib further alleged that the bank had failed to verify with him instructions given with respect to his accounts and that it had taken instructions from fugitive businessman Low Taek Jho (Jho Low) and not from him.

He further claimed that the bank ignored the limits of authority in accepting instructions as the bank purportedly authorised other unauthorised third parties to communicate with AmBank regarding the affairs of the accounts rather than approaching him.

Najib further listed that despite the bank having reasonable suspicion that Jho Low and the authorised person (Nik Faisal Ariff Kamil) were not in communication with him over the operation of the 880, 898 and 906 accounts, the bank had failed to contact him to report on the matter.

The former Umno president further cited that between January and March 2015, the 906 and 898 accounts had gone into overdrawn positions to the tune of millions of ringgit and that the regularisation of the overdrawn positions was undertaken by Jho Low.

These breaches had resulted in Najib facing emotional distress, loss of reputation, severe embarrassment and being subjected to criminal proceedings for offences under the Malaysian Anti-Corruption Commission Act 2009, the Penal Code and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

He is seeking special damages, along with general, aggravated and exemplary damages to be determined by the court.

No dates have been fixed for the highly publicised suit.

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