PUTRAJAYA (March 24): The Federal Court has allowed Attorney General Datuk Mohd Dusuki Mokhtar to go ahead with his application to ask the seven questions of law posed by the Attorney General's Chambers (AGC) in its quest to overturn Datuk Seri Najib Razak’s successful attempt to have the justifications of his addendum challenge to be heard.

This follows the court dismissing Najib’s attempt to block the AGC leave (permission) application earlier on Monday, where the former prime minister’s preliminary objection was unanimously denied.

The purported addendum allegedly allows Najib to serve the remainder of his six-year jail sentence under house arrest.

Najib’s preliminary objection by his counsel Tan Sri Muhammad Shafee Abdullah was based on the senior lawyer’s argument that the AGC’s leave application amounted to an interlocutory matter, and therefore does not amount to a final decision that disposes of the AG’s rights, as the matter can be raised at the High Court, and later if needed at the Court of Appeal or Federal Court, after the merits of the addendum application are decided.

Chief Judge of Malaya Datuk Seri Hasnah Mohamed Hashim, who led the three-member bench, said that the Court of Appeal’s decision on Jan 6 amounted to a final decision with regard to Najib’s bid to adduce further evidence within the meaning of Section 3 of the Courts of Judicature Act (CJA).

“This follows it disposes the rights of parties (the AGC) with regard to the issue of (the AG's rights to object) in adducing further evidence, and this falls within the meaning of decision under Section 3 of the CJA. Following this, the preliminary objection is dismissed, and the bench makes no order as to costs,” she said.

Sitting with Hasnah were Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.

Dusuki, who made his first appearance at the apex court as the AG since taking office in November replacing Tan Sri Ahmad Terrirudin Mohd Salleh who has been elevated to the Federal Court, replied that the appellate court’s majority decision amounted to a finality with regard to adducing further evidence and hence, the AG as the guardian of public interests has the right to seek leave.

Dusuki and the chambers filed seven questions of law along with a certificate of emergency for the matter to be heard by the apex court.

In January, a three-member Court of Appeal bench, in a majority decision, had allowed Najib’s appeal for leave for the merits of a judicial review over the purported addendum to be heard. Leave must also be obtained for judicial review proceedings, to ensure that an application is not frivolous or vexatious.

Najib wants the court to order the government to produce an addendum that he claims was issued as part of the pardon granted to him by the then-Yang di-Pertuan Agong, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, in February last year.

In addition, Najib wants the court to order the government to enforce the purported royal decree. He is currently serving an already reduced six-year jail term and RM50 million fine.

The seven questions of law touch on procedures with regard to the Court of Appeal Rules 1993 or Rules of Court 2012, and among them are whether new evidence can be produced on leave to appeal in a judicial review, which will have legal implications on whether the decision by the Pardons Board can be challenged or otherwise.

On Jan 6, by a majority of two to one, the appellate court allowed leave to Najib to have the merits of his addendum application be heard.

Having heard Dusuki’s submissions on Wednesday on why permission should be granted to have the seven questions posed by his chambers to be heard, the bench has fixed Apr 28 to give its decision on the matter.

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AGC wants Federal Court to decide on Najib's bid on royal addendum