KUALA LUMPUR (Jan 24): A lawsuit by 1Malaysia Development Bhd (1MDB) and its subsidiaries against former prime minister Datuk Seri Najib Razak and former management staff will get a new judge.

Judge Datuk Mohd Arief Emran Arifin is taking over from judge Atan Mustaffa Yussof Ahmad, 1MDB counsel Siva Kumar Kanagasabai told The Edge. The reason for the change, however, remains unclear.

Before passing the baton to Arief Emran, Atan Mustaffa had granted a Mareva injunction of US$681 million against Najib, which is on appeal. Arief Emran is the son of former Chief Justice Tun Arifin Zakaria, and was a partner of Wong & Partners, the solicitor for 1MDB, before joining the judiciary.

However, there have been no applications filed against Arief Emran from presiding over the case.

1MDB also has a separate lawsuit against fugitive Low Taek Jho (Jho Low), his family members and an associate, which will also get a new judge following the transfer of Hayatul Akmal Abdul Aziz, though it remains unknown who would preside over the case.

Arief Emran had previously presided over the RM42 million SRC International Sdn Bhd suit against Najib, where in 2022 he granted a Mareva injunction, or an asset-freezing order, to be imposed on the former finance minister in a decision upheld by the Court of Appeal and Federal Court.

Presently, the SRC suit against Najib has been transferred to judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan.

1MDB, along with its four subsidiaries, had filed a US$8 billion main suit against Najib and seven other former senior 1MDB staff, including ex-chief executive officer Nik Faisal Ariff Kamil and former executive director of business development Casey Tang Keng Chee, both of which are still missing.

The suit has also named former 1MDB deputy chief financial officer Terence Geh Choh Heng, ex-general counsel Jasmine Loo Ai Swan, ex-chief investment officer Vincent Beng Huat Koh, ex-chief operating officer Radhi Mohamad, and ex-director of investments Kelvin Tan Kay Jin.  

The suit alleges that the defendants, including Najib as the then chairman of the board of advisers, had facilitated the companies to enter into sham agreements to create a circuitous trail of money to ease or conceal the misappropriation of 1MDB funds.

Meanwhile, in 1MDB’s suit against Jho Low, presiding judge Hayatul Akmal was transferred from the Civil Division to the Special Powers Division earlier this month.

A case management was held on Friday before High Court deputy registrar Mohd Ibrahim Mohd Ghulam.

The court had earlier fixed June 16, 2025 to hear 1MDB and its four subsidiaries’ US$3.78 billion (RM16.13 billion) suit against Jho Low.

The suit — alleging fraudulent concealment, fraudulent misappropriation of funds, and unjust enrichment, among others — also named his father Tan Sri Larry Low Hock Peng, mother Goh Gaik Ewe, siblings Taek Szen and May Lin, as well as associate Eric Tan Kim Loong as defendants.

1MDB has already obtained a judgement in default against Jho Low, Hock Peng, and Taek Szen in November 2023, and against Goh in May 2024, following their non-appearance.

A sum of almost US$2.8 billion in judgement was entered on Jho Low alone, while another sum of US$983 million was entered against Jho Low and his father. Separately, Taek Szen was required to come up with US$27.5 million, while another US$1.695 million (RM7.9 million) worth of jewellery allegedly bought with 1MDB funds was entered against Goh.

A judgement in default can be entered in favour of the plaintiff — in this case, 1MDB and its subsidiaries — following the defendant’s failure to plead their defence, or if their defence has been struck out due to non-appearance.

The court had also imposed a Mareva injunction against Jho Low and Hock Peng. Their failure to abide by the injunction resulted in a jail sentence imposed by Hayatul Akmal.