Shafee Abdullah, the lawyer representing former Prime Minister Najib Razak, has raised an objection to Court of Appeal judge Abu Bakar Jais sitting on the five-member Federal Court bench that will hear Najib’s bid to have his conviction and jail sentence in the SRC International corruption case reviewed. Shafee also wants Abu Bakar to recuse himself, arguing that only Federal Court judges should be on the bench.
Instead, Shafee suggests that a three-member bench should hear the review bid, as outlined in Section 74 of the Courts of Judicature Act 1964. This section states that every proceeding in the Federal Court shall be heard and disposed of by three judges or such greater uneven number of judges as the Chief Justice may in any particular case determine.
Ad hoc prosecutor V Sithambaram disagrees with Shafee’s objection, noting that co-opting a Court of Appeal judge is allowed under Article 122 (2) of the Federal Constitution. This article states that a judge of the Court of Appeal other than the President of the Court of Appeal may sit as a judge of the Federal Court when the Chief Justice considers that the interests of justice so require, and the judge shall be nominated for the purpose by the Chief Justice.
The five-member panel hearing Najib’s bid is led by Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, with Federal Court judges Vernon Ong, Rhodzariah Bujang and Nordin Hassan also on the bench.
