Najib says Bar Council’s judicial review application against his pardon is void

Tuesday 10 Sep 2024

KUALA LUMPUR (Aug 7): Former prime minister Datuk Seri Najib Razak claims that the Malaysian Bar’s judicial review application against him and the Federal Territories Pardons Board is void, and that the Bar has no locus standi to make the application.

In an affidavit filed with the High Court by Najib’s lawyer Muhammad Farhan Muhammad Shafee, he opined that the decision taken by the Malaysian Bar at their annual general meeting (AGM) this year to initiate a judicial review application against him and the Pardons Board for reducing his jail sentence is void, ultra vires (the action exceeds the Bar’s legal scope of authority), and/or a breach of the statutory duty of the Bar as provided in the Legal Profession Act 1976 (“LPA”).

This is on the grounds that the Bar’s AGM was held without the requisite quorum in attendance and thus, the motion should not have stood.

On Jan 29 this year, the Pardons Board halved Najib’s jail sentence from 12 years to six years, and reduced his RM210 million fine to only RM50 million. The decision was announced publicly on Feb 2.

The Bar, which filed the leave application at the High Court through Messrs Amir and Rajpal Ghai, named the board and Najib as respondents.

It is also seeking an injunction to restrain the former prime minister from submitting any effort to obtain a pardon until the conclusion of all cases against him, and until Najib publicly accepts responsibility for his actions and conviction, and expresses repentance and remorse for his actions.

In judicial reviews, a petitioner has to apply for and obtain leave, or permission, from the court, before the merits of the judicial review application are heard.

Farhan said that the AGM took place on March 16 this year, at the Dewan Tun Abdul Razak, on Level 2 of Menara Kembar Bank Rakyat, at 33 Jalan Rakyat, Kuala Lumpur.

One of the motions discussed at the AGM was the “Motion Regarding the Pardons Board’s Decision”. This motion was to get approval from members of the Bar to file the said judicial review application.

But, Farhan argues, the requisite 500 members to make up a quorum for the AGM was not met, despite taking a break for one hour to fulfil that quorum.

Farhan said that according to Section 64(5) of the LPA, if no quorum is present after an hour (from the scheduled time of the AGM), the AGM shall be adjourned to the next day at the same time and place, unless otherwise notified in the notice convening the original meeting.

According to the affidavit, the chairman of the AGM did not follow the LPA, and called for the AGM to be delayed for a further fifteen minutes. The Bar had the AGM on the same day, without the 500-member quorum, claims Farhan.

“I verily believe that ultimately, the AGM commenced at 12.15pm on March 16, 2024, with only 401 members in attendance (approximately 1.6% of the total members of the bar), below the requisite quorum required,” he said.

Farhan also said that this was where the motion to file a judicial review against Najib was deliberated and passed, despite not having a quorum.

“During the AGM, among other motions, the motion to file this present judicial review challenge was allegedly deliberated and passed, resulting in the present challenge,” he said.

He said that the AGM is “null and void” and the decision to file the suit was “ultra vires” and ought to be struck out.

Farhan also added that the Bar has no locus standi, or standing to bring this action to court, as they do not have any “legal or equitable” interest in this matter pertaining to Najib’s pardon.

“The second respondent’s (Najib) pardon is a private matter that does not have any legal effect on members of the Malaysian Bar, or the public at large, and therefore, the challenge also ought to be struck out on this ground, separately,” he said.

The motion at the AGM was brought by former Bar Council president Zainur Zakaria, for it to challenge Najib’s pardon.

On Aug 23, 2022, the Federal Court affirmed the decision of the Court of Appeal and the High Court with regard to charges against Najib of abuse of power, money laundering, and criminal breach of trust of SRC International Sdn Bhd funds.

The Federal Court also dismissed Najib’s review bid on March 30, 2023, with a 7-1 majority.

With regard to his pardon, Najib himself has filed a separate bid against the board and government, as the former Pekan Member of Parliament wants to be placed under house arrest, as alleged ordered by a purported addendum to the Jan 29 document that allowed the supplementary order.

This follows Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi having filed an affidavit in support, citing that the purported addendum order had been shown to him by the Minister of Investment, Trade and Industry Tengku Datuk Seri Zafrul Abdul Aziz.

On July 3 this year, the High Court dismissed Najib’s bid to serve the remainder of his sentence under house arrest.

Edited ByAniza Damis

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