Amanah fails to obtain leave to challenge CJ’s appointment

KUALA LUMPUR: Parti Amanah Negara (Amanah) deputy secretary-general Abang Ahmad Kerdee Abang Masagus yesterday failed to obtain leave for judicial review to challenge Tun Md Raus Sharif’s appointment as Chief Justice and as an additional judge for the Federal Court.

Senior federal counsel Suzana Atan told reporters that High Court Judge Datin Azizah Nawawi in chambers dismissed the application for leave filed by Abang Ahmad Kerdee on the grounds that the issue could not be debated as the appointment was made by the Yang di-Pertuan Agong.

She said the judge also ruled that the application did not exceed requirements under the constitutional provisions and the court ordered Abang Ahmad Kerdee to pay costs of RM5,000 to the respondent, Md Raus.

Suzana acted on behalf of Md Raus, while the applicant was represented by counsel Mohamed Hanipa Maidin.

Abang Ahmad Kerdee filed the judicial review application on Nov 1 seeking a declaration that Md Raus’ appointment as an additional judge of the Federal Court on Aug 4, 2017 under Article 122 (1A) of the Federal Constitution was invalid, unconstitutional, and of no effect. He also sought a writ quo warranto requiring the respondent to show cause, confirmation and reason for taking up the posts.

Abang Ahmad Kerdee also sought a certiorari order to cancel the respondent’s appointment as an additional Federal Court judge and Chief Justice, as well as an injunction order to prevent the respondent and/or his agents from performing his obligations, functions and duties whether as an additional Federal Court judge or the Chief Justice. — Bernama